NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 29 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30191
Plaintiff - Appellee, D.C. No. 9:09-cr-00009-DWM
v.
MEMORANDUM*
BRIAN PAUL COSSEY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Brian Paul Cossey appeals from the district court’s judgment and challenges
a special condition of supervised release imposed upon revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.
Cossey contends that the district court abused its discretion by imposing a
*
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).
condition of supervised release that prohibits him from acquiring, possessing, or
viewing materials that depict “sexually explicit conduct,” as defined in 18 U.S.C.
§ 2256(2)(A), and deemed inappropriate by Cossey’s probation officer and sex
offender treatment provider. We have approved a number of conditions related to
sex offenders. However, consistent with our sister circuits, we recently held that a
condition that extends to non-pornographic materials involving adults deprives a
defendant of more liberty than is reasonably necessary. See United States v.
Gnirke, 775 F.3d 1155, 1165-66 (9th Cir. 2015). We, therefore, vacate the
condition as written and remand for the district court to reimpose the condition
consistent with Gnirke. See id. at 1166.
VACATED and REMANDED.
2 15-30191