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UNITED STATES v. OKAMOTO (2021)

United States Court of Appeals, Ninth Circuit.2021-08-02No. No. 20-50281

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Opinion

MEMORANDUM **

Juan Okamoto appeals from the district courts 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 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 Okamotos 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.