United States v. Ismael Torres-Figueroa

MEMORANDUM

Torres-Figueroa appeals the district court’s imposition of a residency restriction as a condition of his supervised release. The restriction, which was part of his sentence for illegal reentry after removal, prohibits him from residing “within 2,000 feet of school yards, parks, public swimming pools, playgrounds, youth centers, video arcade facilities, or other places primarily used by persons under the age of 18.” We have jurisdiction pursuant to 18 U.S.C. § 8742 , and we vacate the condition and remand to the district court for resentenc-ing.

We review the district court’s imposition of a condition of supervised release for abuse of discretion. United States v. Daniels, 541 F.3d 915, 924 (9th Cir.2008). A district court has the discretion to order special conditions of supervised release pursuant to 18 U.S.C. § 3588 (d). Under § 3583(d), a district court may impose special conditions of supervised release, provided that they “are reasonably related to the goal of deterrence, protection of the public, or rehabilitation of the offender, and involve no greater deprivation of liberty than is reasonably necessary for the purposes of supervised release.” Daniels, 541 F.3d…