United States v. James Cuneo

MEMORANDUM

Defendant-appellant James Cuneo appeals the district court’s revocation of his probation and its imposition or maintenance of two conditions of his supervised release.

“The district court has broad discretion to revoke probation, and such decisions are reviewed only for an abuse of discretion.” United States v. Daly, 839 F.2d 598, 599 (9th Cir.1988). Cuneo’s probation was subject to the special condition that he submit to a computer search “at a reasonable time and in a reasonable manner.” The conditions for the search set by the probation officer were’ reasonable and properly within his discretion, see United States v. Stephens, 424 F.3d 876, 880 (9th Cir.2005), and thus the district court’s revocation of Cuneo’s probation for failure to abide by them was not an abuse of discretion.

This court “review[sj conditions of supervised release for abuse of discretion,” and the petitioner “bears the burden of showing that the [conditions of supervised release] set by the district court involve[ ] a greater deprivation of liberty than is reasonably required.” United States v. Jeremiah, 493 F.3d 1042, 1046-47 (9th Cir. 2007). The district court’s refusal to permit Cuneo to…