Tondre

MEMORANDUM **

Petitioner Stephen Bruce Tondre appeals his sentence following his guilty plea on four misdemeanor counts of introducing misbranded dietary supplements into interstate commerce. He challenges the sentence in three respects. First, he argues that the probation condition requiring him to “remove his website selling EXP” (a dietary supplement that he claimed was an “AIDS cure”) is unconstitutionally vague. Second, he argues that, to the extent this condition requires shutting down his entire website, it is a greater deprivation of his First Amendment interests than is reasonably necessary to meet the purposes of sentencing. Finally, he argues that the district court erred in requiring him to pay restitution in an amount reflecting the harm to all 41 of his victims when his guilty plea included only four victims. For the reasons discussed below, we reject Petitioner’s first two challenges, but we reverse and remand for resentencing with respect to the amount of restitution.

I

The probation condition requiring that Petitioner “remove the website selling EXP” is “sufficiently clear to inform him of what conduct will result in his being returned to prison,” and thus…