FILED
NOT FOR PUBLICATION AUG 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30321
Plaintiff - Appellee, D.C. No. 3:15-cr-05291-BHS
v.
MEMORANDUM*
BUFORD EDDY TERWILLEGER,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Buford Eddy Terwilleger appeals from the district court’s judgment and
challenges a condition of supervised release imposed following his guilty-plea
conviction for failure to register and update sex offender registration, in violation
of 18 U.S.C. § 2250(a). We have jurisdiction under 28 U.S.C. § 1291, and we
*
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).
affirm.
Terwilleger challenges the condition of supervised release requiring him to
participate in a sexual-deviancy assessment. We review for an abuse of discretion,
see United States v. Napulou, 593 F.3d 1041, 1044 (9th Cir. 2010), and find none.
Contrary to Terwilleger’s contentions, the condition is reasonably related to the
goals of protecting the public and rehabilitation in light of his history and
characteristics and involves no greater deprivation of liberty than is reasonably
necessary. See 18 U.S.C. § 3583(d)(1), (2); United States v. Johnson, 697 F.3d
1249, 1251 (9th Cir. 2012) (an assessment condition is a “much less significant
restraint” than sex offender treatment and justified even when the prior convictions
are decades-old).
AFFIRMED.
2 15-30321