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U.S. v. GEMENTERA

No. 03-10103.

379 F.3d 596 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn GEMENTERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2004.

Attorney(s) appearing for the Case

Arthur K. Wachtel, San Francisco, CA, argued the case for the appellant and was on the briefs. Maitreya Badami was also on the briefs.

Kelley Brooke Snyder, U.S. Department of Justice, Washington, DC, argued the case for the appellee and was on the briefs. Kevin Ryan, United States Attorney, and Hannah Horsley and Anne-Christine Massullo, Assistant United States Attorneys, were also on the briefs.

Elizabeth M. Falk, Office of the Federal Public Defender, San Francisco, CA, argued the case for amicus curiae Federal Public Defender for the Northern District of California and was on the briefs. Barry J. Portman, Federal Public Defender, was also on the briefs.

Before: O'SCANNLAIN, SILER, JR., and HAWKINS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide the legality of a supervised release condition that requires a convicted mail thief to spend a day standing outside a post office wearing a signboard stating, "I stole mail. This is my punishment."

I

Shawn Gementera pilfered letters from several mailboxes along San Francisco's Fulton Street on May 21, 2001. A police officer who observed the episode immediately detained Gementera and his partner in crime...

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