United States v. Nick Furfaro

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Nick FURFARO, Defendant-Appellant. No. 92-30012. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1992. Decided June 5, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Nick Furfaro appeals the condition of his probation that forbids his continued employment in the topless nightclub industry. Furfaro argues that this condition impermissibly restricts his fundamental right to earn a living. 3 The sentencing judge has broad discretion to set probation conditions, including restricting fundamental rights. United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991). A probation condition is valid if it is designed primarily to meet the ends of rehabilitation and to protect the public. Id. It must also be reasonably related to those ends. Id. 4 The sentencing judge's conclusion that Furfaro was more likely to…