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United States Court of Appeals for the Ninth Circuit - 379 F.3d 596
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The defendant, Shawn Gementera, was sentenced to two months in prison and three years of supervised release, including a condition to perform 100 hours of community service wearing a signboard that read "T stole mail. This is my punishment." The district court modified the sentence by imposing a four-part special condition instead, which the defendant appealed. The court held that district courts may impose any condition that serves legitimate objectives and is reasonably related to the offense and the defendant's history and characteristics. The court found that the condition was imposed for the legitimate statutory purpose of rehabilitation, general deterrence, and protection of the public. The defendant must prove that the condition's supposed relationship to rehabilitation is unreasonable. The court emphasized that the "reasonable relation" test for evaluating probation and supervised release conditions is flexible due to the uncertainty about how rehabilitation is accomplished.
The district court abused its discretion in imposing a shaming punishment on Ge-mentera as it was intended to humiliate him, which is not a proper goal under the Sentencing Reform Act. The court cited cases where similar conditions were struck down as they were not reasonably related to the defendant's crime and were intended to expose them to public ridicule and humiliation. The initial intention of the sandwich board condition was to humiliate Ge-mentera, but the district court later changed its characterization to one of deterrence and rehabilitation. This change suggests that the condition may have been improper under the Sentencing Reform Act.
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