U.S. v. Bee, No. 98-10047

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPREGERSON
Citation162 F.3d 1232
Parties99 Cal. Daily Op. Serv. 9261, 98 Daily Journal D.A.R. 12,932 UNITED STATES of America, Plaintiff-Appellee, v. Melvin James BEE, Jr., Defendant-Appellant.
Decision Date08 December 1998
Docket NumberNo. 98-10047

Page 1232

162 F.3d 1232
99 Cal. Daily Op. Serv. 9261, 98 Daily Journal
D.A.R. 12,932
UNITED STATES of America, Plaintiff-Appellee,
v.
Melvin James BEE, Jr., Defendant-Appellant.
No. 98-10047.
United States Court of Appeals,
Ninth Circuit.
Submitted Dec. 8, 1998. *
Decided Dec. 22, 1998.

Page 1234

John R. Hannah, Assistant Federal Public Defender, Phoenix, Arizona, for the defendant-appellant.

Linda C. Boone, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Appeal from the United States District Court for the District of Arizona; Roslyn O. Silver, District Judge, Presiding. D.C. No. CR-97-00464-1-ROS.

Before: PREGERSON and BRUNETTI, Circuit Judges, and AIKEN, ** District Judge.

PREGERSON, Circuit Judge:

Melvin James Bee, Jr. appeals the conditions of his supervised release imposed by the district court. On January 13, 1998, the court sentenced Bee to 36 months imprisonment followed by three years of supervised release for engaging in abusive sexual contact with a child under 12 years of age in violation of 18 U.S.C. §§ 1153, 2244(a)(1), and 2246. As conditions of his supervised release, the district court restricted Bee's contact with children and his possession of sexually stimulating material. We affirm.

FACTS

On September 29, 1994, the victim's parents left their residence for a short while, entrusting Bee to supervise the victim, their six-year old daughter. Bee sexually abused the child.

The victim's parents returned to find her at a relative's house. The victim told her parents that she had been molested. The mother took the child to the police, who went to the victim's home and arrested Bee.

On October 8, 1997, Bee plead guilty to two counts of abusive sexual contact in violation of 18 U.S.C. §§ 1153, 2244(a)(1), and 2246. At sentencing, the district court adopted the recommendations of the probation officer and ordered that Bee be placed on supervised release for three years upon his release from prison. Bee's supervised release was subject to the conditions that he (1) not have contact with children under the age of 18 unless approved by his probation officer; (2) not loiter within 100 feet of school yards, parks, playgrounds, arcades, or other places primarily used by children under the age of 18; and (3) not possess any sexually stimulating or sexually oriented material deemed inappropriate by his probation officer and/or treatment staff, or patronize any place where such material or entertainment is available.

DISCUSSION

This court reviews for abuse of discretion the conditions of supervised release imposed by a district court. See United States v. Johnson, 998 F.2d 696, 697 (9th Cir.1993). The district court has broad discretion in setting conditions of supervised release, including restrictions that infringe on fundamental rights. See United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991).

I. Condition That Bee Not Possess Sexually Oriented Materials

Bee challenges the condition that he "not possess any sexually stimulating or sexually oriented material as deemed inappropriate by [his] probation officer and/or treatment staff, or patronize any place where such material or entertainment is available." Bee claims that this condition infringes on his First Amendment rights, and that it is not reasonably related to protection of the public or his rehabilitation as required by 18 U.S.C. § 3583(d).

"[P]robationers, like parolees and prisoners, properly are subject to limitations from which ordinary persons are free." United States v. Consuelo-Gonzalez, 521

Page 1235

F.2d 259, 265 (9th Cir.1975) (en banc). Moreover, an effective...

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92 practice notes
  • U.S. v. Gementera, No. 03-10103.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 9, 2004
    ...offenders before them. We have, for example, upheld conditions barring possession of sexually stimulating material, United States v. Bee, 162 F.3d 1232, 1234 (9th Cir.1998), contact with minors, id., association or membership in "motorcycle clubs," Bolinger, 940 F.2d at 480, and a......
  • Doss v. State, 19-1285
    • United States
    • United States State Supreme Court of Iowa
    • June 25, 2021
    ...girl, from having contact with juvenile females unless approved in advance by his probation officer); United States v. Bee, 162 F.3d 1232, 1235-36 (9th Cir. 1998) (upholding a special release condition that barred a defendant who had sexually abused a six-year-old child from having unapprov......
  • Wilfong v. Com., No. 2002-CA-000535-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 16, 2005
    ...possession of "sexually oriented or sexually stimulating materials" not constitutionally vague); United States v. Bee, 162 F.3d 1232, 1234-35 (9th Cir.1998) (finding condition prohibiting possession of "sexually stimulating or sexually oriented materials" not a violation......
  • United States v. Gnirke, No. 13–50101.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 2, 2015
    ...likely to reoffend. Gnirke does not challenge the restriction on his access to materials depicting children. In United States v. Bee, 162 F.3d 1232 (9th Cir.1998), we affirmed a condition of supervised release that was similar—though not identical—to the condition that Gnirke challenges. Be......
  • Request a trial to view additional results
92 cases
  • U.S. v. Gementera, No. 03-10103.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 9, 2004
    ...offenders before them. We have, for example, upheld conditions barring possession of sexually stimulating material, United States v. Bee, 162 F.3d 1232, 1234 (9th Cir.1998), contact with minors, id., association or membership in "motorcycle clubs," Bolinger, 940 F.2d at 480, and a......
  • Doss v. State, 19-1285
    • United States
    • United States State Supreme Court of Iowa
    • June 25, 2021
    ...girl, from having contact with juvenile females unless approved in advance by his probation officer); United States v. Bee, 162 F.3d 1232, 1235-36 (9th Cir. 1998) (upholding a special release condition that barred a defendant who had sexually abused a six-year-old child from having unapprov......
  • Wilfong v. Com., No. 2002-CA-000535-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 16, 2005
    ...possession of "sexually oriented or sexually stimulating materials" not constitutionally vague); United States v. Bee, 162 F.3d 1232, 1234-35 (9th Cir.1998) (finding condition prohibiting possession of "sexually stimulating or sexually oriented materials" not a violation......
  • United States v. Gnirke, No. 13–50101.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 2, 2015
    ...likely to reoffend. Gnirke does not challenge the restriction on his access to materials depicting children. In United States v. Bee, 162 F.3d 1232 (9th Cir.1998), we affirmed a condition of supervised release that was similar—though not identical—to the condition that Gnirke challenges. Be......
  • Request a trial to view additional results

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