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U.S. v. BAINBRIDGE

No. 13-30017.

746 F.3d 943 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Lynn BAINBRIDGE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2014.

Attorney(s) appearing for the Case

Matthew Campbell , Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for Defendant-Appellant.

Wendy Olson , United States Attorney, Michael Mitchell , Assistant United States Attorney, Coeur d'Alene, Idaho; Syrena Hargrove , Assistant United States Attorney, Boise, ID, for Plaintiff-Appellee.

Before: SANDRA DAY O'CONNOR, Associate Justice (Ret.), and RICHARD C. TALLMAN and CARLOS T. BEA, Circuit Judges.

OPINION

BEA, Circuit Judge:

This case presents two questions: can a district court impose a sexual deviancy evaluation as a condition of supervised release when deviant sexual conduct was not an element of the underlying crime of conviction? If so, is it essential the Government prove a change in circumstances since the original supervised release conditions were imposed, to justify such an additional condition?

We hold that in the circumstances...

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