Feigenbaum

United States v. Feigenbaum

Good Law
99 F. App'x 782
United States Court of Appeals for the Ninth CircuitMay 19, 2004No. 02-30330California1,164 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Bradford P. Feigenbaum pleaded guilty to one count of attempted transportation of a minor with intent to engage in criminal sexual activity in violation of 18 U.S.C. §§ 2423 (a) and 2. In this appeal, Feigenbaum argues that he was sentenced under the wrong edition of the Sentencing Guidelines and that five of his conditions of supervised release involve a greater deprivation of liberty than reasonably necessary. We review Feigenbaum’s challenges to his sentence and to conditions of supervised release 4, 5, 6, and 9 for plain error because he failed to raise these challenges before the district court. See United States v. Rearden, 349 F.3d 608, 618 (9th Cir.2003). We review Feigenbaum’s challenge to condition of supervised release 10 for abuse of discretion. See United States v. Britt, 332 F.3d 1229, 1231 (9th Cir.2003). Because we conclude *784 that Feigenbaum was sentenced under the wrong Sentencing Guidelines and because condition 10 may involve a greater deprivation of liberty than reasonably necessary, we vacate his sentence and remand for resentencing.

Feigenbaum was sentenced under the November 2001 Sentencing Guidelines even though the conduct for…

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