United States v. Leon Brown ( 2011 )

FILED
NOT FOR PUBLICATION JUN 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50283
Plaintiff - Appellee, D.C. No. 2:09-cr-01189-R
v.
MEMORANDUM *
LEON BROWN, a.k.a. B-Rock,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
**
Submitted May 24, 2011
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Leon Brown appeals from the 36-month sentence imposed following his
guilty-plea conviction of distribution of, and possession with intent to distribute,
cocaine base in the form of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1)
and (b)(1)(C). We have jurisdiction under 28 U.S.C. §1291. We affirm in part
*
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).
and vacate in part, and we remand.
Brown contends the district court abused its discretion by imposing special
conditions of supervised release relating to gang associations. The government
agrees that our case law requires vacatur of the condition prohibiting Brown from
associating with persons associated with the Athens Park Bloods gang. See United
States v. Johnson, 626 F.3d 1085, 1091 (9th Cir. 2010).
We otherwise affirm. The terms and conditions of Brown’s supervised
release relating to associating with known members of the Athens Park Bloods
gang, knowingly wearing, displaying, using or possessing clothing and other items
affiliated with the gang, and being present in locations the gang is known to
assemble, are not vague or overbroad, do not deprive him of more liberty than
necessary, and are reasonably related to the goals of 18 U.S.C. § 3553(a). See
United States v. Ross, 476 F.3d 719, 721-22 (9th Cir. 2007); see also United States
v. Soltero, 510 F.3d 858, 865-67 (9th Cir. 2007) (per curiam).
AFFIRMED in part; VACATED in part; and REMANDED.
2 10-50283