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Name: U.S. v. Soltero
Case #: 06-50257
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/19/2007
Subsequent History: amended 12/12/07, 510 F.3d 858
Summary

Conditions of supervised release that are so broad that they unnecessarily restrict otherwise lawful activities are constitutionally impermissible. Appellant pled guilty to the federal offense of felon in possession of a firearm and was sentenced to 72 months imprisonment and three years of supervised release. As one of the conditions of release, he was prohibited from associating with any known member of any “disruptive group.” The court noted that because this condition could reasonably be interpreted to include a striking labor union, political protesters, or celebrating sports fans, it was a substantial encroachment upon appellant’s First Amendment rights without sufficient justification, and, therefore, was ordered stricken.