USA v Rudd

11-23-2011 California:

USA v Rudd
(662 F.3d 1257 (2011)

Note: This is the very first case where a Judge questioned residency laws, and has remanded the case ordering lower court to explain.

William Newton Rudd appeals the district court's imposition of a residency restriction as a special condition of supervised release, following his conviction and sentencing for one count of violating 18 U.S.C. § 2423(c), which prohibits U.S. citizens from traveling to a foreign country and engaging in illicit sexual conduct.

The special condition prohibits Rudd from residing "within 2,000 feet of school yards, parks, public swimming pools, playgrounds, youth centers, video arcade facilities, or other places primarily used by persons under the age of 18." We have jurisdiction pursuant to 18 U.S.C. § 3742.

Because the district court did not provide any explanation for its imposition of the 2,000 foot residency restriction, and none is apparent from the record, the district court committed procedural error. Thus, we vacate the special condition and remand to the district court to explain or reconsider the 2,000 foot residency restriction.

COURT: [2] It is unclear, at least from this record, what residency restriction would be sufficient but "involve no greater deprivation of liberty than is reasonably necessary for the purposes of supervised release." Daniels, 541 F.3d at 924; United States v. Rearden, 349 F.3d 608, 618 (9th Cir. 2003). Would a residency restriction of 1,000, 3,000, or even 5,000 feet each be appropriate without any further explanation solely because of the nature and circumstances of Rudd's conviction? In the absence of any explanation of how the chosen distance furthers the purposes of Rudd's supervised release, the choice of 2,000 feet appears arbitrary. We thus conclude that the district court was required to provide an explanation for choosing the 2,000 foot residency restriction.4

Article: Court to Study Why Pedophile Should Be Kept From Kids