T.M.

United States v. T.M.

Good Law
118 F. App'x 286
United States Court of Appeals for the Ninth CircuitDecember 21, 2004No. 04-10323; D.C. No. CR-95-00517-JMRCalifornia998 words

Opinion

Lead Opinion

MEMORANDUM *

In United States v. T.M., 330 F.3d 1235 (9th Cir.2003), we held that certain sex offender conditions of supervised release placed on T.M. were not reasonably related to goals of deterrence, public protection, or rehabilitation. We vacated the sentence and remanded for resentencing. T.M. appeals the district court’s subsequent reimposition of these conditions, as well as a new condition that restricts his driving privileges. T.M. also appeals the district court’s denial of supervised release credit for time served under supervision following his release from prison. Finally, T.M. asks us to direct that the case be assigned to a different district judge on remand.

We reverse and remand for resentencing without the sex offender conditions and with instructions that T.M. receive credit for time served under supervised release. We decline to exercise our discretion to remand the case to a different district judge. Because the facts in this case are familiar to the parties, we need not recite them here.

I

We reverse the district court’s reimposition of sex offender conditions of *288 supervised release. 1 The language in our previous opinion was clear: “[W]e vacate…

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