United States v. Robert Scheaffer, Jr. , 654 F. App'x 336 ( 2016 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                              JUN 20 2016
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 14-30004
    Plaintiff - Appellee,             D.C. No. 4:13-cr-00084-BMM
    v.
    MEMORANDUM*
    ROBERT JAMES SCHEAFFER, Jr.,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the District of Montana
    Brian M. Morris, District Judge, Presiding
    Submitted June 14, 2016**
    Before:        BEA, WATFORD, and FRIEDLAND, Circuit Judges.
    Robert James Scheaffer, Jr., appeals from the district court’s judgment and
    challenges a special condition of supervised release imposed following his guilty-
    plea conviction for sexual abuse of a minor, in violation of 
    18 U.S.C. §§ 1153
    (a)
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2). Scheaffer’s request for oral
    argument is denied.
    and 2243(a)(1). We have jurisdiction under 
    28 U.S.C. § 1291
    , and we vacate and
    remand.
    Scheaffer challenges the district court’s imposition of Special Condition 10,
    which prohibits him from associating with minors in several ways. As the
    government concedes, the portion of the condition prohibiting Scheaffer from
    dating or socializing with any person he knows to have minor children is
    overbroad. See United States v. Wolf Child, 
    699 F.3d 1082
    , 1100-02 (9th Cir.
    2012). We, therefore, vacate the condition and remand for the district court to
    consider whether to impose a similar but more narrowly drawn condition. See 
    id. at 1103
    . In light of this disposition, we do not reach Scheaffer’s challenge to the
    other portions of the special condition. Schaeffer may raise those arguments on
    remand if the district court elects to impose a similar condition.
    VACATED and REMANDED.
    2                                   14-30004
    

Document Info

Docket Number: 14-30004

Citation Numbers: 654 F. App'x 336

Filed Date: 6/20/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023