T.M.

United States v. T.M.

Good Law
2003 Daily Journal DAR 5969·330 F.3d 1235·2003 WL 21277196·2003 Cal. Daily Op. Serv. 4687·2003 U.S. App. LEXIS 11113
United States Court of Appeals for the Ninth CircuitJune 4, 200302-10189California2,848 words

Opinion

Opinion

Canby, J.

T.M. appeals the district court’s imposition of certain conditions of supervised release relating to his alleged status as a sex offender. The alleged status was based on two events that occurred, respectively, forty and twenty years ago. Largely because of the remoteness of these incidents, several of the conditions are not reasonably related to the purposes of supervised release and the district court abused its discretion in imposing them. Two other conditions suffer from procedural deficiencies. We accordingly vacate the sentence and remand for Resentencing.

I

In July 1996, T.M. pleaded guilty to one count of conspiracy to distribute and possess marijuana in violation of 21 U.S.C. § 846 . At sentencing, the district court considered information in T.M.’s Presen-tence Investigation Report. The report stated that, in 1961, T.M. faced criminal charges of molesting a fifteen-year-old girl. Those charges were subsequently dropped. The report also revealed that in 1981, T.M. was convicted of kidnapping an eight-year-old girl. According to the report, T.M. took the girl to a motel, made her undress, and took photographs of her nude. The report states that T.M. penetrated her with…

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