United States v. John Merchberger, III

MEMORANDUM

Defendan1>-Appellant John Merchber-ger, III, appeals the imposition of two conditions on his lifetime supervised release. This Court reviews the district court’s imposition of a supervised release condition for abuse of discretion. United States v. Wolf Child, 699 F.3d 1082, 1089 (9th Cir. 2012). “In applying this standard of review, we give considerable deference to a district court’s determination of the appropriate supervised release conditions, recognizing that a district court has at its disposal all of the evidence, its own impressions of a defendant, and wide latitude.” United States v. Stoterau, 524 F.3d 988, 1002 (9th Cir. 2008) (internal quotation marks omitted). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

First, the district court did not abuse its discretion by imposing Condition 8 on Merchberger, which limits his access to “any materials depicting sexually explicit conduct as defined in 18 U.S.C. § 2256 (2)(A), if the materials, taken as a whole, are primarily designed to arouse sexual desire.” This condition reasonably limits Merchberger’s access to sexually explicit material while ensuring that his First Amendment right- to access protected…