UNITED STATES v. NISHIDA

No. 21-10070.

53 F.4th 1144 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Jerre NISHIDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

FILED November 17, 2022.


Attorney(s) appearing for the Case

Georgia McMillen (argued), Law Office of Georgia K. McMillen, Wailuka Maui, Hawaii, for Defendant-Appellant.

Michael Nammar (argued), Assistant United States Attorney; Marion Percel, Chief of Appeals; Judith A. Philips, Acting United States Attorney, District of Hawaii; Office of the United States Attorney, Honolulu, Hawaii; for Plaintiff-Appellee.

Dissent by Judge R. Nelson.


OPINION

Defendant-Appellant Jerre Nishida contends that the district court impermissibly delegated to a nonjudicial officer the authority to "decide the nature or extent of" her punishment by giving her probation officer discretion to require inpatient treatment as part of her supervised release. United States...

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