- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Criminal Law
- Date Filed: 03-06-2014
- Case #: 13-30017
- Judge(s)/Court Below: Circuit Judge Bea for the Court; Associate Justice (Ret.) O'Connor and Circuit Judge Tallman
- Full Text Opinion
In 2006, Gerald Lynn Bainbridge pleaded guilty to assault with intent to kidnap. Bainbridge and his co-defendant had taken a disabled woman to a motor home where she was bound with duct tape and sexually assaulted. Bainbridge was sentenced to 97 months in jail and three years of supervised release. The district court granted the probation officer’s motion to change the supervised release order to now require him to complete a sexual deviancy evaluation, minimize his contact with children, and undergo polygraph testing. On appeal Bainbridge argued that his supervised release could not be legally modified unless there had been a change in circumstances, or new methods of rehabilitation arise. The Ninth Circuit held that a change in circumstances was not a necessary, because district courts have been granted the jurisdiction to modify an ongoing supervised release under the relevant statutory authority. The panel also held that the district court properly considered the nature and circumstances of the offense before granting the motion that required Bainbridge to undergo a sexual deviancy evaluation. AFFIRMED.