United States v. Curtis Manuel

MEMORANDUM

Curtis Ray Manuel pled guilty to one count of abusive sexual contact with a child in violation of 18 U.S.C. § 2244 . The district court sentenced him to 187 months of imprisonment and imposed a lifetime term of supervised release. Manuel now asserts, for the first time on appeal, that four of his special conditions of supervised release are constitutionally infirm. Because Manuel failed to raise these challenges before the district court, we review his conditions of supervised release for plain error, United States v. Rearden, 349 F.3d 608, 618 (9th Cir. 2003), and affirm.

Manuel’s first challenge relates to special condition five, prohibiting him from possessing, viewing, or otherwise using “any ... material that is sexually stimulating, sexually oriented, or deemed to be inappropriate by the probation officer and/or treatment provider.” (Emphasis added.) Specifically, Manuel argues that the emphasized clause is vague and over-broad. But the district court, in its oral pronouncement, limited this restriction to “material that is sexually stimulating or sexually oriented,” considerably cabining the probation department’s discretion. The oral pronouncement controls.…