Page 1
Ninth Circuit:
Judge Anderson Erred in Barring Defendant, Born a Male, From Using ‘Nadine’ Socially
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals yesterday invalidated a condition of probation that a transgender defendant not use the name “Nadine,” even in a social setting, without permission of her probation officer.
The defendant, tried as Todd Kamawu Paishon, was found guilty of the possession of stolen mail. She was sentenced by District Court Judge Percy Anderson of the Central District of California to two years and three months in prison, to make restitution in the amount of $9,104.23, and to a three-year period of supervised release.
A condition of probation imposed by Anderson on Jan. 13, 2020 was:
“The defendant shall not obtain or possess any driver’s license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant’s true legal name, nor shall the defendant use, any name other than his true legal name without the prior written approval of the Probation Officer.”
Conviction Affirmed
A three-judge panel affirmed the conviction but ordered that on remand, the condition of probation relating to Paishon’s name be amended and that another condition be corrected.
In a memorandum opinion, Ninth Circuit Judge Andrew Hurwitz, joined by Sixth Circuit Judge Eugene E. Siler, sitting by designation, said:
“Paishon objects to Special Condition 9. only to the extent it limits the use of her preferred name ‘Nadine’ in social settings without prior approval from her probation officer, and the government agrees. We vacate the sentence in part, and remand for the limited purpose of amending Special Condition 9 to remove this restriction.”
A standard condition of probation read:
“As directed by the probation officer, the defendant must notify specific persons and organizations of specific risks posed by the defendant to those persons and organizations and must permit the probation officer to confirm the defendant’s compliance with such requirement and to make such notifications.”
The Ninth Circuit on June 23, 2020 invalidated that standard condition in United States v. Magdirila, holding that it failed specify “what conduct the defendant needed to warn the public about.” Yesterday’s opinion remands so the court can add specificity to the condition.
Concurring Opinion
Ninth Circuit Judge Daniel P. Collins concurred in the judgment. While the majority said that even if there was a Miranda violation, it was harmless, while Collins took the position that no such violation occurred.
With respect to the condition barring Paishon from using the name “Nadine,” Collins wrote
“I… agree that the district court abused its discretion by imposing a supervised released condition that effectively forbade Paishon, who goes socially by ‘Nadine,’ from using that name in social settings without written permission from the probation office. There is no apparent penological need for extending the restriction to cover that specific usage, and given Paishon’s transgender status, the prohibition imposes a uniquely significant burden.”
The case is United States v. Paishon, 20-50008.
Copyright 2021, Metropolitan News Company