United States v. Walter Stewart, Jr. , 671 F. App'x 614 ( 2016 )

FILED
NOT FOR PUBLICATION DEC 19 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30086
Plaintiff-Appellee, D.C. No. 1:12-cr-00086-DWM
v.
MEMORANDUM*
WALTER MITCHELL STEWART, Jr.,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Walter Mitchell Stewart, Jr., appeals from the district court’s amended
judgment reimposing on remand a special condition of supervised release that
prohibits him from residing in the home or being in the company of any child
under the age of 18, with the exception of his own children, without the prior
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
written approval of the United States Probation Office. Stewart contends that the
condition is unreasonable because it unnecessarily interferes with his right to
associate with his children and grandchildren and delegates too much authority to
the probation officer.
We review the district court’s imposition of a condition of supervised release
for abuse of discretion. See United States v. Wolf Child, 699 F.3d 1082, 1089 (9th
Cir. 2012). In light of Stewart’s history of sexual misconduct with underage
family members, the district court did not abuse its discretion by imposing the
condition to deter future misconduct and to protect the community, including
Stewart’s grandchildren. See id. at 1090. Further, under the circumstances of this
case, the district court did not abuse its discretion by delegating to the probation
office the implementation of this condition. See United States v. Blinkinsop, 606
F.3d 1110, 1121-22 (9th Cir. 2010).
AFFIRMED.
2 15-30086