United States v. Jeramie McGuire

MEMORANDUM

Jeramie McGuire appeals from the district court’s judgment and challenges several special conditions of supervised release imposed following his guilty-plea conviction for failure to register as a sex offender, in violation of 18 U.S.C. § 2250 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

McGuire contends that several of the special conditions of supervised release imposed by the district court are a greater deprivation of liberty than is reasonably necessary. We review for plain error. See United States v. Blinkinsop, 606 F.3d 1110, 1118 (9th Cir.2010).

We affirm the challenged condition that requires McGuire to participate in an evaluation for sexual deviancy. See United States v. Johnson, 697 F.3d 1249, 1250-51 (9th Cir.2012) (assessment condition is reasonable where prior sexual offense is decades old but defendant’s completion of sex offender treatment cannot be confirmed). Insofar as the challenged conditions requiring McGuire to complete a “course of treatment related to his offense” and to participate in polygraph testing are tied to a determination that McGuire needs treatment for sexual deviancy, they may also…