FILED
NOT FOR PUBLICATION DEC 31 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-30213
Plaintiff - Appellee, D.C. No. 9:12-cr-00008-DWM
v.
MITCHELL JEROME BOOTHE, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Mitchell Jerome Boothe appeals from the district court’s order affirming his
bench-trial conviction for disorderly conduct, in violation of 41 C.F.R. § 102-
74.390. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Boothe contends that the magistrate judge violated his First Amendment
*
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).
rights by requiring, as a condition of his one-year term of unsupervised probation,
that he secure the permission of the presiding district judge before entering any
United States District Court facility in the District of Montana. As the district
court concluded, imposition of the challenged condition was a permissible exercise
of the magistrate judge’s discretion. See United States v. Terrigno, 838 F.2d 371,
374 (9th Cir. 1988) (sentencing judge has broad discretion to set probation
conditions). The condition is reasonably related to both the circumstances of
Boothe’s conviction and the goals of deterrence, punishment, and promotion of
respect for the law, and it involves only such deprivation of liberty as is reasonably
necessary to serve those objectives. See 18 U.S.C. §§ 3553(a)(1), (2) and 3563(b);
Terrigno, 838 F.2d at 374.
AFFIRMED.
2 12-30213