United States v. Johnny Magdaleno

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10390 Plaintiff-Appellee, D.C. Nos. v. 5:18-cr-00466-BLF-1 5:18-cr-00466-BLF

JOHNNY MAGDALENO, AKA

Soldier Boy, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Argued and Submitted April 12, 2022 San Francisco, California

Filed August 11, 2022

Before: Richard R. Clifton and Milan D. Smith, Jr., Circuit Judges, and Christina Reiss, * District Judge.

Opinion by Judge Clifton

* The Honorable Christina Reiss, United States District Judge for the District of Vermont, sitting by designation. SUMMARY **

Criminal Law

The panel affirmed the district court’s imposition of a special condition of supervised release set forth in the parties’ plea agreement that prohibits Johnny Magdaleno, a high-ranking member of the East Las Casitas Norteño street gang, from associating with any member of the Norteño or Nuestra Familia gangs, in a case in which Magdaleno, while incarcerated,…