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Name: U.S. v. Wolf Child
Case #: 11-30241
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/23/2012
Summary

Condition of supervised release that prohibited appellant from having access to his own daughters and from socializing or dating his fiancee was unreasonable and overbroad. Wolf Child pleaded guilty to attempted sexual abuse of a 16-year-old. At sentencing, the district court imposed a contested special condition of supervised release, prohibiting Wolf Child from residing with, or being in the company of, any child under the age of 18, including his daughters, and from socializing or dating anybody with children under the age of 18, including his fiancee, without prior written approval of his probation officer. The court imposed the condition without any evidence supporting the need for such a restriction regarding his family members. The appellate court vacated the condition and remanded. The fundamental right to familial association implicated by the condition prohibiting Wolf Child from residing with or being in the company of his own daughters and socializing with his fiancee is a “particularly significant liberty interest.” The district court was therefore required to make special findings on the record supported by evidence that the condition was necessary for deterrence, protection of the public, or rehabilitation, and that it involves no greater deprivation of liberty than reasonably necessary. Here, the district court made no such findings, nor did it conduct an individualized examination of Wolf Child’s relationship with the affected family members. Moreover, there was no evidence in the record which would have supported the limitations on the fundamental liberty interests at issue. The condition of supervised release was unreasonable and overbroad.