United States v. Julian Graves , 531 F. App'x 781 ( 2013 )

FILED
NOT FOR PUBLICATION JUN 21 2013
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. 12-30268
Plaintiff - Appellee, D.C. No. 3:11-cr-05120-BHS
v.
MEMORANDUM *
JULIAN GRAVES,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted June 18, 2013 **
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Julian Graves appeals from the district court’s judgment and challenges a
supervised release condition imposed following his plea of nolo contendere for
receipt of visual depictions of minors engaged in sexually explicit conduct, in
violation of 18 U.S.C. § 2252(a)(2) and (b)(1); and possession of visual depictions
*
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).
of minors engaged in sexually explicit conduct, in violation of 18 U.S.C.
§ 2252A(a)(5)(B) and (b)(2). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Graves contends that the district court erred by imposing a standard
condition of supervised release, which mandates that he “shall not frequent places
where controlled substances are illegally sold, used, distributed, or administered,”
because the condition is impermissibly vague and overbroad. Graves’s contention
is foreclosed. See United States v. Phillips, 704 F.3d 754, 768 (9th Cir. 2012),
cert. denied, __ S. Ct. __, 2013 WL 497631 (June 10, 2013).
AFFIRMED.
2 12-30268