United States v. Keegan Van Tuyl , 401 F. App'x 283 ( 2010 )

FILED
NOT FOR PUBLICATION OCT 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-30020
Plaintiff - Appellee, D.C. No. 2:05-cr-00133-LRS
v.
MEMORANDUM *
KEEGAN C. VAN TUYL,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, Chief Judge, Presiding
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Keegan C. Van Tuyl appeals from the sentence imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291. We affirm in
part, vacate in part, and remand.
*
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).
Van Tuyl's sole contention is that the supervised release condition
prohibiting association with Neo-Nazi/white supremacist affiliates is
unconstitutionally overbroad. The government agrees that the judgment should be
changed to explicitly reflect that the condition prohibits association with known
neo-Nazi/white supremacist affiliates. Under these circumstances, we vacate the
challenged condition and remand for the district court to re-sentence in a manner
consistent with this opinion. See, e.g, United States v. Ross, 476 F.3d 719 (9th Cir.
2007). The sentence is affirmed in all other respects.
VACATED in part; AFFIRMED in part; and REMANDED.
2 10-30020