United States v. Stephen Washington, Jr.

MEMORANDUM

Stephen O’neal Washington, Jr., appeals from the district court’s order precedent revoking supervised release and challenges the 10-month custodial sentence, 36-month term of supervised release, and a special condition of supervised release imposed upon revocation. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand.

Washington contends that the district court erred by failing to explain the sentence adequately and. to address his non-frivolous arguments for a non-Guidelines sentence. We review for plain error, see United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir.2009), and find none. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc) (adequate explanation may be inferred from the record as a whole).

Washington also challenges a special condition of supervised release. His challenge is only to the written order, which prohibits him “from making major purchases, incurring new financial obligations, or entering into financial contracts without the prior approval of the probation officer.” Washington argues that this condition is unconstitutionally vague and insufficiently related to the 18 U.S.C. §…