United States v. Salvatore Caccavallo

MEMORANDUM

Salvatore Caecavallo appeals the district court’s denial of his 28 U.S.C. § 2255 motion. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

On December 22, 2011, we granted Cac-cavallo a certifícate of appealability on three issues: “(1) whether the district court erred by prohibiting appellant from possessing or using medical marijuana as a special condition of supervised release; (2) whether the district court erred by imposing as a special condition of supervised release the requirement that appellant register as a sex offender; and (3) whether counsel [for Caecavallo] rendered ineffective assistance by failing to challenge the special conditions of supervised release at issue in claims (1) and (2).” United, States v. Caccavallo, No. 11-35209 (9th Cir. Dec. 22, 2011) (order granting certificate of ap-pealability).

The certificate of appealability slightly mischaracterized the special conditions of supervised release. The district court did not require that Caecavallo register as a sex offender. It instead required only that Caecavallo “comply -with all applicable state and federal sexual offender registration requirements.” The district court has the…