U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Mark Bender

United States v. Mark Bender
U.S. Court of Appeals for the Ninth Circuit · Decided December 20, 2016 · Wallace, Leavy, Fisher
671 F. App'x 662

United States v. Mark Bender

Opinion

MEMORANDUM **

Mark Bender appeals from the district court’s judgment and challenges a special condition of supervised release imposed upon revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion, United States v. Rudd, 662 F.3d 1257, 1260 *663 (9th Cir. 2011), and we vacate and remand for resentencing.

Bender challenges the special condition of supervised release that prohibits him from having any contact with minors other than family members, with the exception of frequenting locations, such as restaurants, that may employ minors. The district court did not explain its reasons for imposing this condition, nor are its reasons apparent from the record. See United States v. Collins, 684 F.3d 873, 890 (9th Cir. 2012). The only allegations in the record that referenced a minor were contained in a dismissed charge that Bender specifically disputed and that the district court expressly declined to consider. Accordingly,' we remand to the district court to either vacate the condition or provide sufficient justification for it. See id. at 892.

VACATED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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