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U.S. v. GNIRKE

No. 13-50101.

775 F.3d 1155 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. David P. GNIRKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 2, 2015.

Attorney(s) appearing for the Case

John Charles Ellis, Jr. (argued), Amy Frances Kimpel , and Harini P. Raghupathi , Federal Defenders of San Diego, San Diego, CA, for Defendant-Appellant.

Charlotte E. Kaiser (argued) and Bruce R. Castetter , Office of the United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge, and MILAN D. SMITH, JR. and MORGAN CHRISTEN, Circuit Judges.

OPINION

This case presents a potential conflict between the statutory purposes of supervised release and a defendant's First Amendment rights. David Gnirke appeals a special condition of supervised release prohibiting him from possessing depictions of "sexually explicit conduct" involving children or adults and...

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