United States v. Walter Stewart, Jr.

MEMORANDUM

Walter Mitchell Stewart appeals from the district court’s imposition of certain conditions of supervised release, after he pled guilty to failing to register as a sex offender. See 18 U.S.C. § 2250 (a). We affirm in part, and vacate and remand in part.

(1) Because Stewart did not object to the terms in question at sentencing, we review for plain error. See Fed.R. Crim.P. 52(b); Puckett v. United States, 556 U.S. 129, 135 , 129 S.Ct. 1423 , 173 L.Ed.2d 266 (2009); United States v. Rearden, 349 F.3d 608, 618 (9th Cir.2003); see also United States v. Gonzalez-Aparicio, 663 F.3d 419, 428 (9th Cir.2011).

On this record, we perceive no error, much less plain error, in the Special Condition 6 restrictions that prevent Stewart from loitering around places frequented by children under 18 years of age. See United States v. Daniels, 541 F.3d 915, 928 (9th Cir.2008); United States v. Bee, 162 F.3d 1232, 1235-36 (9th Cir.1998).

However, the portion of Special Condition 6 that restricts residence in the home or being in the company of any child under the age of 18 years is more troublesome as it relates to Stewart’s grandchildren. Because he can reside with and be in the company…