United States v. Hall, No. 17-10422 (9th Cir. 2019)
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Defendant appealed a special condition of his anticipated release restricting his relationship with his family. Defendant and his son were convicted and sentenced for defrauding the government through their business venture. The condition stated that defendant was permitted to have contact with his son only for normal familial relations but was prohibited from any contact, discussion, or communication concerning financial or investment matters except matters limited to defendant's own support.
The Ninth Circuit reversed in part and held that the condition was unconstitutionally vague and struck the offending words "only for normal familial relations" from the condition. The panel held that the phrase was susceptible to many different interpretations and the district court could have, instead, specifically said that defendant and his son were prohibited from participating in illegal activities together.
Court Description: Criminal Law The panel reversed in part a criminal judgment in a case in which the defendant appealed a special condition of supervised release that provides that the defendant is permitted to have contact with his son “only for normal familial relations but is prohibited from any contact, discussion, or communication concerning financial or investment matters except matters limited to defendant’s own support.” The panel held that the condition is unconstitutionally vague, and struck the offending words “only for normal familial relations” from the condition.
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