United States v. James Douglas Ross, 476 F.3d 719 (9th Cir. 2007). · Go Syfert
United States v. James Douglas Ross, 476 F.3d 719 (9th Cir. 2007). Cases Citing This Book View Copy Cite
55 citation events (55 in the last 25 years) across 5 distinct courts.
Strongest positive: Otha Gray v. Allison, et al. (caed, 2025-12-01)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (rule) Otha Gray v. Allison, et al.
E.D. Cal. · 2025 · confidence medium
Myron, 476 F.3d at 719. 20 As the court noted, because “the mere act of classification ‘does not amount to an infliction of 21 pain,’ it ‘is not condemned by the Eighth Amendment.’ ” Id. (citation omitted). 22 Here, Plaintiff fails to adequately allege that Defendants J.
cited Cited as authority (rule) United States v. Reynolds
9th Cir. · 2025 · confidence medium
See, e.g., Malone v. United States, 502 F.2d 554, 555-57 (9th Cir. 1974); United States v. Romero, 676 F.2d 406, 407 (9th Cir. 1982); United States v. Ross, 476 F.3d 719, 721-22 (9th Cir. 2007).
discussed Cited as authority (rule) United States v. Jewel Aquino
9th Cir. · 2015 · confidence medium
See, e.g., Watson, 582 F.3d at 983 (“Separating a convicted felon from negative influences in his prior life is reasonably related to the permissible goals of deterrence and rehabilitation and is a common purpose of supervised release.”); United States v. Ross, 476 F.3d 719, 722 (9th Cir.2007) (approving of special conditions designed to “prevent reversion into a former crime-inducing lifestyle” (quoting United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991))).
discussed Cited as authority (rule) United States v. Schoenherr (2×) also: Cited "see"
10th Cir. · 2012 · confidence medium
See Turner v. United States, 347 Fed.Appx. 866, 868-69 (3d Cir.2009) (defendant could not associate with members of the Pagan Motorcycle Club); Ross, 476 F.3d at 721 (defendant could “not associate with known neo-Nazi/white supremacist members, known neo-Nazi/white supremacist affiliates, or any other organization that advocates engaging in criminal activity or overthrowing the United States government” (internal quotation marks omitted)); United States v. Bolinger, 940 F.2d *671 478, 480 (9th Cir.1991) (defendant could “not participate in the activities, or be a member of any motorcycle…
cited Cited as authority (rule) United States v. Ross Hack
9th Cir. · 2011 · confidence medium
See United States v. Vega, 545 F.3d 743, 749 (9th Cir.2008); United States v. Soltero, 510 F.3d 858, 866-67 (9th Cir.2007) (per curiam); United States v. Ross, 476 F.3d 719, 721-22 (9th Cir.2007).
discussed Cited as authority (rule) United States v. Johnson (2×) also: Cited "see, e.g."
9th Cir. · 2010 · confidence medium
“A district court may impose discretionary conditions of supervised release listed in 18 U.S.C. § 3563 (b), as well as ‘any other condition it considers to be appropriate.’ ” United States v. Ross, 476 F.3d 719, 721 (9th Cir.2007) (quoting 18 U.S.C. § 3583 (d)).
cited Cited as authority (rule) United States v. Jesus Andrade
9th Cir. · 2010 · confidence medium
See United States v. Soltero, 510 F.3d 858, 866 (9th Cir.2007) (per curiam); United States v. Ross, 476 F.3d 719, 721-23 (9th Cir.2007).
cited Cited as authority (rule) United States v. Medina-Nunez
9th Cir. · 2009 · confidence medium
Additionally, we upheld a similar condition regarding the “affiliates” of neo-Nazis in United States v. Ross, 476 F.3d 719, 722-23 (9th Cir.2007).
cited Cited as authority (rule) United States v. Medina-Nunez
9th Cir. · 2009 · confidence medium
Additionally, we upheld a similar condition regarding the “affiliates” of neo-Nazis in United States v. Ross, 476 F.3d 719, 722-23 (9th Cir.2007).
cited Cited as authority (rule) United States v. Vallejo
9th Cir. · 2008 · signal: cf. · confidence medium
Cf. United States v. Ross, 476 F.3d 719, 722-23 (9th Cir.2007).
cited Cited as authority (rule) United States v. Velasquez
9th Cir. · 2008 · confidence medium
Furthermore, “should any difficulty arise on the margin, [he] can always seek clarification from the court.” United States v. Ross, 476 F.3d 719, 723 (9th Cir.2007).
cited Cited as authority (rule) United States v. Magruder
9th Cir. · 2007 · confidence medium
See 18 U.S.C. § 3583 (d); 18 U.S.C. § 3563 (b)(9); United States v. Ross, 476 F.3d 719, 721 (9th Cir.2007).
discussed Cited as authority (rule) United States v. Guzman
9th Cir. · 2007 · confidence medium
“Should any difficulty arise on the margin, [he] can always seek clarification from the court.” United States v. Ross, 476 F.3d 719, 723 (9th Cir .2007). (3) The Mandatory Victims Restitution Act of 1996, 18 U.S.C. § 3663A, applies to Guzman because his fraudulent scheme extended beyond its effective date.
cited Cited as authority (rule) United States v. Brown
9th Cir. · 2007 · confidence medium
United States v. Ross, 476 F.3d 719, 720-22 (9th Cir.2007); United States v. Weber, 451 F.3d 552, 557-58 (9th Cir.2006); United States v. Bee, 162 F.3d 1232, 1234-36 (9th Cir.1998).
cited Cited "see" United States v. Leon Brown
9th Cir. · 2011 · signal: see · confidence high
See United States v. Ross, 476 F.3d 719, 721-22 (9th Cir.2007); see also United States v. Soltero, 510 F.3d 858, 865-67 (9th Cir.2007) (per curiam).
cited Cited "see" United States v. Melgar
9th Cir. · 2009 · signal: see · confidence high
See United States v. Ross, 476 F.3d 719, 721-22 (9th Cir.2007).
cited Cited "see" United States v. Melgar
9th Cir. · 2009 · signal: see · confidence high
See United States v. Ross, 476 F.3d 719, 721-22 (9th Cir.2007).
discussed Cited "see" United States v. Fabel
9th Cir. · 2009 · signal: see · confidence high
See United States v. Ross, 476 F.3d 719, 722-23 (9th Cir.2007); see also Department of Justice Website, http://www.usdoj.gov/criminal/ganguniV about/omgangs.html (defining “Outlaw Motorcycle Gangs” as organizations such as the Bandidos, Black Pistons, Hells Angels, Mongols, Outlaws, Pagan’s and Vagos “whose members use their motorcycle clubs as conduits for criminal enterprises”).
discussed Cited "see" United States v. Fabel
9th Cir. · 2009 · signal: see · confidence high
See United States v. Ross, 476 F.3d 719, 722-23 (9th Cir.2007); see also Department of Justice Website, http://www.usdoj.gov/criminal/ganguniV about/omgangs.html (defining “Outlaw Motorcycle Gangs” as organizations such as the Bandidos, Black Pistons, Hells Angels, Mongols, Outlaws, Pagan’s and Vagos “whose members use their motorcycle clubs as conduits for criminal enterprises”).
examined Cited "see" United States v. Soltero (5×) also: Cited "see, e.g."
9th Cir. · 2007 · signal: see · confidence high
See Ross, 476 F.3d at 721-22 ; United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991) ("Probation conditions may seek to prevent reversion into a former crime-inducing lifestyle by barring contact with old haunts and associates, even though the activities may be legal.").
discussed Cited "see" United States v. Soltero (2×) also: Cited "see, e.g."
9th Cir. · 2007 · signal: see · confidence high
See Ross, 476 F.3d at 721-22 ; United States v. Bolinger, 940 F.2d 478, 480 (9th Cir. 1991) (“Probation conditions may seek to prevent reversion into a former crime-inducing lifestyle by barring contact with old haunts and associates, even though the activities may be legal.”).
examined Cited "see" United States v. Soltero (5×) also: Cited "see, e.g."
9th Cir. · 2007 · signal: see · confidence high
See Ross, 476 F.3d at 721-22 ; United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991) ("Probation conditions may seek to prevent reversion into a former crime-inducing lifestyle by barring contact with old haunts and associates, even though the activities may be legal.").
discussed Cited "see" United States v. Soltero (2×) also: Cited "see, e.g."
9th Cir. · 2007 · signal: see · confidence high
See Ross, 476 F.3d at 721-22 ; United States v. Bolinger, 940 F.2d 478, 480 (9th Cir. 1991) (“Probation conditions may seek to prevent reversion into a former crime-inducing lifestyle by barring contact with old haunts and associates, even though the activities may be legal.”).
cited Cited "see, e.g." United States v. Keegan Van Tuyl
9th Cir. · 2010 · signal: see, e.g. · confidence low
See, e.g, United States v. Ross, 476 F.3d 719 (9th Cir.2007).
discussed Cited "see, e.g." United States v. Napulou
9th Cir. · 2010 · signal: see, e.g. · confidence medium
See, e.g., United States v. Ross, 476 F.3d 719, 721-22 (9th Cir.2007) (restricting a defendant who was convicted of acquiring a firearm for a white supremacist from associating with known neo-Nazis or white supremacists); United States v. Romero, 676 F.2d 406, 407 (9th Cir.1982) (prohibiting a drug offender from associat *1046 ing with persons who have been convicted of drug offenses or with anyone unlawfully involved with drugs); Malone v. United States, 502 F.2d 554 (9th Cir.1974) (prohibiting association with Irish organizations or visits to Irish pubs where defendant was motivated to commi…
discussed Cited "see, e.g." United States v. Cherlyn Napulou
9th Cir. · 2010 · signal: see, e.g. · confidence low
See, e.g., United States v. Ross, 476 F.3d 719 , 721- 22 (9th Cir. 2007) (restricting a defendant who was convicted of acquiring a firearm for a white supremacist from associat- ing with known neo-Nazis or white supremacists); United States v. Romero, 676 F.2d 406, 407 (9th Cir. 1982) (prohibit- ing a drug offender from associating with persons who have been convicted of drug offenses or with anyone unlawfully involved with drugs); Malone v. United States, 502 F.2d 554 (9th Cir. 1974) (prohibiting association with Irish organiza- tions or visits to Irish pubs where defendant was motivated to c…
discussed Cited "see, e.g." United States v. Deandre Watson
9th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., United States v. Ross, 476 F.3d 719, 722 (9th Cir. 2007) (“Special conditions may seek to prevent reversion into a former crime-inducing life- style by barring contact with old haunts and associates, even though the activities may be legal.” (internal quotation marks omitted)). [4] We have repeatedly upheld residency and travel condi- tions aimed at keeping a convicted defendant away from cir- cumstances that might lead him to offend again.
discussed Cited "see, e.g." United States v. Watson
9th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., United States v. Ross, 476 F.3d 719, 722 (9th Cir.2007) (“Special conditions may seek to prevent reversion into a former crime-inducing lifestyle by barring contact with old haunts and associates, even though the activities may be legal.” (internal quotation marks omitted)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James Douglas ROSS, Defendant-Appellant
06-30204.
Court of Appeals for the Ninth Circuit.
Feb 8, 2007.
476 F.3d 719
Kathleen Moran, Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for the defendant-appellant., George J.C. Jacobs, III, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.
Rymer, Berzon, Tallman.
Cited by 32 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: E.D. California (1)
RYMER, Circuit Judge.

James Douglas Ross appeals a supervised release condition imposed following his conviction for violating 18 U.S.C. § 924(a)(1)(A), making a false statement or representation regarding the acquisition of a firearm. We affirm.

I

Ross was administratively separated from the United States Army by summary court-martial when he was caught trying to mail a submachine gun from Iraq to his father’s home in Spokane, Washington. Military Police found a cache of white supremacist paraphernalia and several weapons hidden behind ceiling tiles in Ross’s military quarters. After his discharge, a Spokane County Sheriffs Office deputy saw Ross passing out flyers produced by The National Alliance, a neo-Nazi/white supremacist organization that advocates race hatred, anti-Semitism, and the overthrow of the United States government. The National Alliance also owns a company that distributes “white power” music CDs and a video game called “Ethnic Cleansing.” Ross visited a website which[*721] functions as an online community for white supremacists and has a chatroom where he had discussions about weapons, one of which Ross eventually bought for a confidential informant knowing that the informant was a convicted felon who could not lawfully possess a firearm. This transaction led to the charge of making a false statement regarding the acquisition of a firearm on which Ross entered a guilty plea. Based on the paraphernalia uncovered during the military investigation, Ross’s distribution of National Alliance literature, and his use of the white supremacist website, the Presentence Report recommended a special condition of supervised release that Ross refrain from associating with known neo-Nazi/white supremacist members and affiliates and from possessing neo-Nazi/white supremacist paraphernalia.

Ross agreed that he handed out National Alliance flyers, but maintained that he was not a member and had no contact with members. His counsel argued against the special condition, but acknowledged that being involved in white supremacist groups can lead to criminal activity and that Ross was “somewhat impressionable.” Noting the seriousness of the offense and Ross’s apparent white supremacy philosophy, the district court was of the view that release should be conditioned on Ross’s not being involved in organizations such as the National Alliance and Aryan Nations and other white supremacy groups. Accordingly, it imposed as a condition:

You shall not associate with known neo-Nazi/white supremacist members, known neo-Nazi/white supremacist affiliates, or any other organization that advocates engaging in criminal activity or overthrowing the United States government. In addition, you shall not possess neo-Nazpwhite supremacist paraphernalia.

Ross appeals.

II

A district court may impose discretionary conditions of supervised release listed in 18 U.S.C. § 3563(b), as well as “any other condition it considers to be appropriate.” Id. § 3583(d). The discretion is broad, but special conditions must be “reasonably related” to the goals of deterrence, protection of the public, and rehabilitation of the offender. See id. §§ 3583(d)(1), 3553(a). And conditions cannot involve any “greater deprivation of liberty than is reasonably necessary for the purposes” of supervised release. Id. § 3583(d)(2); United States v. T.M., 330 F.3d 1235, 1240 (9th Cir.2003).

Ross faults the court’s findings as inadequate in relation to the factors listed in § 3553(a) and given the liberty interest implicated by the condition. For this he relies on United States v. Williams, 356 F.3d 1045 (9th Cir.2004). Williams, however, presented quite a different situation. There, the condition required administration of antipsychotic medication; as the Supreme Court and we have recognized, freedom from unwanted drugs undoubtedly is a significant liberty interest. Id. at 1053. So, before imposing such a serious infringement of liberty, we held that a district judge should conduct a thorough consideration of the § 3553(a) factors and articulate a justification. Id. at 1055-56. Here, however, the infringement of liberty is far more modest. We have frequently permitted restrictions on supervised release that infringe on fundamental rights, including First Amendment rights. See, e.g., United States v. Rearden, 349 F.3d 608, 619-21 (9th Cir.2003) (upholding restrictions on possessing or using computer with Internet access and possessing mate[*722] rial depicting sexually explicit conduct); United States v. Bee, 162 F.3d 1232, 1234 (9th Cir.1998) (upholding restrictions on contact with children and possession of sexually stimulating material); United States v. Bolinger, 940 F.2d 478, 480-81 (9th Cir.1991) (upholding condition prohibiting participation in activities or membership of motorcycle clubs); Malone v. United States, 502 F.2d 554, 555-57 (9th Cir.1974) (upholding restrictions on participating in any American Irish Republican movement, from belonging to any Irish organization, and from visiting Irish pubs). The liberty interest at stake in associating with neo-Nazi/white supremacist groups and possessing related material is no more weighty than participating in motorcycle clubs or accessing the Internet. We have no difficulty understanding from the record why the district judge believed that the interests of rehabilitation and public safety would be served by separating Ross from neo-Nazi/white supremacist influences.

Special conditions “may seek to prevent reversion into a former crime-inducing lifestyle by barring contact with old haunts and associates, even though the activities may be legal.” Bolinger, 940 F.2d at 480(citing Malone, 502 F.2d at 556-57). Restricting Ross from associating with known neo-Nazi/white supremacist members or affiliates is just such a condition. It advances the purposes of supervised release like the condition prohibiting a defendant convicted of exporting firearms to the United Kingdom from associating with the Irish Republican movement in Malone, and prohibiting a defendant convicted of being a felon in possession of a firearm from being involved in any motorcycle club activities in Bolinger. The Seventh Circuit reached a similar conclusion in United States v. Showalter, 933 F.2d 573 (7th Cir.1991), where the defendant was also involved with a white supremacist “skinhead” and “neo-Nazi” group and had been restricted from participating in, or associating with, those who do participate in a skinhead or neo-Nazi organization. Id. at 574. As the court explained, Showalter needed to be separated from other members of white supremacist groups “to have a chance of staying out of trouble.” Id. at 575-76. The same appears for Ross.

Ross further maintains that prohibiting him from possession of “neo-Nazi/white supremacist paraphernalia” is broader than reasonably necessary because it includes legal materials such as books, flags, and clothing, and that the condition is unconstitutionally vague. As we have explained, the condition is not too broad in relation to the goals of supervised release. We are unpersuaded that the restrictions lack meaning to Ross or that they unnecessarily trammel on First Amendment rights. Given his familiarity with Neo-Nazi organizations and materials, Ross will understand that the term “neo-Nazi/ white supremacist paraphernalia” refers to the objects that members of such groups tend to possess, for example, uniforms, flags, pictures, memorabilia, or other symbols of white supremacy with images such as a swastika, references to “Heil Hitler,” raised fists, “SS,” and the like. See United States v. Allen, 341 F.3d 870, 874, 885-86(9th Cir.2003) (describing evidence of neo-Nazi supremacist paraphernalia introduced in the trial of skinheads). Thus, he is on notice that the condition bars him from possessing a neo-Nazi uniform (combat boots, arm bands with swastikas, t-shirts with symbols), or neo-Nazi and white supremacist hate music and racist, Nazi-related propaganda containing “overt messages of racial hatred.” See Monteiro v. Tempe Union High School Dist., 158 F.3d 1022, 1035 (9th Cir.1998) (Boochever, J., concurring). The restriction on associ[*723] ation is limited to known neo-Nazi white supremacist members. Construed in this way, the condition is neither too broad nor too uncertain. Should any difficulty arise on the margin, Ross can always seek clarification from the court.

We conclude that the condition as imposed and as construed is reasonably related to Ross’s rehabilitation and to protection of the public. Accordingly, we affirm.

AFFIRMED.