Argued and Submitted, Seattle, Washington December 4,
Appeal from the United States District Court for the District of Idaho. D.C. No. 3:05-cr-00101-EJL-2. Edward J. Lodge, District Judge, Presiding.
Matthew Campbell, Federal Defenders of Eastern Washington & Idaho, Spokane, Washington, for Defendant-Appellant.
Wendy Olson, United States Attorney, Michael Mitchell, Assistant United States Attorney, Coeur d'Alene, Idaho; Syrena Hargrove, Assistant United States Attorney, Boise, Idaho for Plaintiff-Appellee.
Before: Sandra Day O'Connor, Associate Justice (Ret.),[*] and Richard C. Tallman and Carlos T. Bea, Circuit Judges.
BEA, Circuit Judge:
This case presents two questions: can a district court impose a sexual deviancy evaluation as a condition of supervised release when deviant sexual conduct was not an element of the underlying crime of conviction? If so, is it essential the Government prove a change in circumstances since the original supervised release conditions were imposed, to justify such an additional condition?
We hold that in the circumstances of this case, the sexual deviancy evaluation can be so imposed, without proof of a change in such circumstances.
Defendant Gerald Lynn Bainbridge (" Bainbridge" ) pleaded guilty to one count of Assault with Intent to Kidnap. The district court sentenced Bainbridge to 97 months in jail, followed by three years of supervised release. After Bainbridge served his prison term, his Probation Officer petitioned the district court to modify the conditions of his supervised release. The government then filed a motion to require Bainbridge to undergo a sexual deviancy evaluation to determine whether the other additional conditions of supervised release requested by the Probation Officer were necessary. The district court granted the government's motion. Bainbridge appealed, claiming the district court did not have jurisdiction to modify the conditions of his supervised release absent a change in circumstances and that, assuming the district court had jurisdiction, the modification was nonetheless unreasonable. We AFFIRM.
On February 21, 2006, Bainbridge pleaded guilty to an Information charging him
with Assault with Intent to Kidnap. In the plea agreement, Bainbridge admitted that he and his co-defendant had been driving a motor home in Lapwai, Idaho and offered a ride to a disabled female who was walking on the side of the road. Bainbridge ...