FILED
NOT FOR PUBLICATION JUN 29 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30298
Plaintiff - Appellee, D.C. No. 4:11-cr-00060-DLC
v.
MEMORANDUM*
PATRICK JEDIDYA LAVERDURE, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Patrick Jedidya Laverdure, Jr., appeals from the district court’s judgment
and challenges the 160-month sentence and a special condition of supervised
release imposed following his jury-trial conviction for aggravated sexual abuse, in
violation of 18 U.S.C. §§ 1153(a) and 2241, and abusive sexual contact, in
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
violation of 18 U.S.C. §§ 1153(a) and 2244. We have jurisdiction under 28 U.S.C.
§ 1291. We affirm in part, vacate in part, and remand for further proceedings.
Laverdure contends that his custodial sentence is substantively unreasonable
in light of his personal history and fetal alcohol syndrome. The district court did
not abuse its discretion in imposing Laverdure’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including the nature of the offense and the need to protect the
public. See Gall, 552 U.S. at 51. Accordingly, we affirm the custodial sentence.
Laverdure also challenges the district court’s imposition of special
supervised release condition 9, which prohibits him from associating with minors
in several ways. In light of the government’s concession that this condition is
overbroad, we vacate and remand for the district court to consider whether it is
necessary to impose a similar but more narrowly drawn restriction. See United
States v. Wolf Child, 699 F.3d 1082, 1103 (9th Cir. 2012). If the court decides to
impose a similar condition, it shall undertake an individualized review of
Laverdure’s relationship with his minor daughter to determine whether the
condition should apply to her. See id. at 1093-94.
AFFIRMED in part; VACATED in part; REMANDED.
2 13-30298