United States of America v. ROBERT JAMES SCHEAFFER, Jr.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT JAMES SCHEAFFER, Jr.,
Defendant - Appellant.
No. 14-30004
D.C. No. 4:13-cr-00084-BMM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Robert James Scheaffer, Jr., appeals from the district court’s judgment and
challenges a special condition of supervised release imposed following his guilty-
plea conviction for sexual abuse of a minor, in violation of 18 U.S.C. §§ 1153(a)
FILED
JUN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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). Scheaffer’s request for oral
argument is denied.

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and 2243(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and
remand.
Scheaffer challenges the district court’s imposition of Special Condition 10,
which prohibits him from associating with minors in several ways. As the
government concedes, the portion of the condition prohibiting Scheaffer from
dating or socializing with any person he knows to have minor children is
overbroad. See United States v. Wolf Child, 699 F.3d 1082, 1100-02 (9th Cir.
2012). We, therefore, vacate the condition and remand for the district court to
consider whether to impose a similar but more narrowly drawn condition. See id.
at 1103. In light of this disposition, we do not reach Scheaffer’s challenge to the
other portions of the special condition. Schaeffer may raise those arguments on
remand if the district court elects to impose a similar condition.
VACATED and REMANDED.
14-30004 2

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