United States v. Sims, No. 15-10450 (9th Cir. 2017)
Annotate this CaseAfter defendant was convicted of distributing methamphetamine, the district court imposed a special condition of supervised release prohibiting him from knowingly possessing, distributing, inhaling, or ingesting any synthetic cannabinoid. On appeal, defendant argued that this synthetic marijuana condition was unconstitutionally vague. The court concluded that the district court acted well within its discretion by imposing a special condition specifically targeting the use of synthetic marijuana; the language of the condition was sufficiently precise to avoid the vagueness concerns the court identified in United States v. Aquino; and the district court did not abuse its discretion by imposing the condition simply because it prohibits conduct also covered by one of the standard conditions prohibiting him from committing any federal, state, or local offense. Accordingly, the court affirmed the judgment.
Court Description: Criminal Law. Affirming the district court, the panel rejected the defendant’s vagueness challenge to a special condition of supervised release prohibiting him from possessing, distributing, inhaling, or ingesting synthetic cannabinoids. The panel also held that the district court acted well within its discretion by imposing the synthetic marijuana special condition notwithstanding that the district court also imposed a standard condition prohibiting the defendant from committing any federal, state, or local offense.
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