Legal Opinion

United States v. David P. Gnirke

Court of Appeals for the Ninth Circuit

Decided January 2, 2015No. 13-50101PublishedCited by 36 opinions

1Opinion of the Court

OPINION

CHRISTEN, Circuit Judge:

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 from patronizing any place where such depictions are available. The record in this case supports the district court’s conclusion that the condition is generally necessary to achieve the goals of supervised release under 18 U.S.C. § 3583, but it does not support…

2Cases cited27 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Stanley v. GeorgiaSupreme Court of the United States · 1969
  4. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  5. Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997

22 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. United States v. Anthony PedCourt of Appeals for the Ninth Circuit · 2019
  2. United States v. Robert EllisCourt of Appeals for the Fourth Circuit · 2021
  3. State v. Yetha L. LumumbaSupreme Court of Vermont · 2018
  4. United States v. BarelaCourt of Appeals for the Tenth Circuit · 2015
  5. United States v. Jonathan WellsCourt of Appeals for the Ninth Circuit · 2022

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API