United States of America v. Keegan C. Van Tuyl

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEEGAN C. VAN TUYL,
Defendant - Appellant.
No. 10-30020
D.C. No. 2:05-cr-00133-LRS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, Chief Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Keegan C. Van Tuyl appeals from the sentence imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291. We affirm in
part, vacate in part, and remand.
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30020 2
Van Tuyl's sole contention is that the supervised release condition
prohibiting association with Neo-Nazi/white supremacist affiliates is
unconstitutionally overbroad. The government agrees that the judgment should be
changed to explicitly reflect that the condition prohibits association with known
neo-Nazi/white supremacist affiliates. Under these circumstances, we vacate the
challenged condition and remand for the district court to re-sentence in a manner
consistent with this opinion. See, e.g, United States v. Ross, 476 F.3d 719 (9th Cir.
2007). The sentence is affirmed in all other respects.
VACATED in part; AFFIRMED in part; and REMANDED.

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