United States of America v. Miguel Ramon Andrade

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MIGUEL RAMON ANDRADE,
Defendant-Appellant.
No. 19-50063
D.C. No. 8:09-cr-00243-CJC-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Submitted December 11, 2019**
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
Miguel Ramon Andrade appeals from the district court’s judgment and
challenges one condition of supervised release imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Andrade challenges the special condition of supervised release that prohibits
* 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).
FILED
DEC 20 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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him from “possess[ing] or view[ing] any materials such as videos, magazines,
photographs, computer images or that matter that depicts ‘actually sexually explicit
conduct’ involving adults as defined by 18 U.S.C. § 2257(h)(1).” Contrary to
Andrade’s assertion, this condition does not prohibit him from engaging in all
sexual conduct, but rather, appropriately restricts his access to materials depicting
sexually explicit conduct involving adults. See United States v. Ochoa, 932 F.3d
866, 870-71 (9th Cir. 2019). Moreover, in light of the circumstances of this case,
the condition is reasonably related to the protection of the public and Andrade’s
rehabilitation, and the condition involves no greater deprivation of liberty than is
reasonably necessary to achieve the purposes of supervised release. See 18 U.S.C.
§ 3583(d); United States v. Daniels, 541 F.3d 915, 927-28 (9th Cir. 2008).
AFFIRMED.

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