United States v. Loren Goldtooth, Sr.

MEMORANDUM

Defendant Loren Goldtooth appeals the district court’s revocation of his supervised release. We affirm.

1. Goldtooth argues that Standard Condition No. 4 and Special Condition No. 3 imposed by the district court as part of the conditions of supervised release are overbroad and vague and that they inappropriately delegate the district court’s authority to the probation department. In particular, Goldtooth argues that the conditions are overbroad because they infringe on his Fourth and Fifth Amendment rights. However, “a district court’s dis cretion to set conditions of supervised release is broad even when those conditions affect fundamental rights” (although “restrictions infringing upon fundamental rights are reviewed carefully”). United States v. Soltero, 510 F.3d 858, 866 (9th Cir.2007) (per curiam) (internal quotation marks omitted). A restriction on a defendant’s fundamental rights is valid if it: (1) is reasonably related to (i) the nature and circumstances of the offense, the history and characteristics of the defendant, and/or (ii) the goals of deterrence, protection of the public, or defendant rehabilitation; (2) involves no greater deprivation of liberty…