20-50281•United States of America v. JUAN OKAMOTO, AKA Flaco, AKA Junio, AKA Karante, AKA Junio Karante, AKA Juan Antonio…
20-50281Court of Appeals for the Ninth Circuit2 de ago. de 2021
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JUAN OKAMOTO, AKA Flaco, AKA
Junio, AKA Karante, AKA Junio Karante,
AKA Juan Antonio Okamoto, AKA Jose
Antonio Perales, AKA Tito,
Defendant-Appellant.
No. 20-50281
D.C. No. 2:06-cr-00545-SVW-2
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Juan Okamoto appeals from the district court’s judgment revoking
supervised release and challenges three conditions of supervised release imposed
upon revocation. We have jurisdiction under 28 U.S.C. § 1291. Reviewing de
* 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
AUG 2 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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novo, see United States v. Watson, 582 F.3d 974, 981 (9th Cir. 2009), we vacate
the challenged conditions and remand.
We agree with the parties that standard conditions of supervised release five,
six, and fourteen, which were reimposed by the district court upon revoking
Okamoto’s supervised release, are unconstitutionally vague. See United States v.
Evans, 883 F.3d 1154, 1162-64 (9th Cir. 2018). Accordingly, we vacate these
conditions and remand to the district court to impose whatever alternative
conditions it deems appropriate. See United States v. Ped, 943 F.3d 427, 433-34
(9th Cir. 2019).
VACATED and REMANDED with instructions.
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