FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-30018 Plaintiff-Appellee, D.C. No. v. 9:07-cr-00063- DWM-1 JAMES CLEVELAND MANY WHITE HORSES, Defendant-Appellant. OPINION Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Argued and Submitted December 12, 2019 Seattle, Washington Filed July 6, 2020 Before: Michael Daly Hawkins and M. Margaret McKeown, Circuit Judges, and Robert W. Pratt, * District Judge. Opinion by Judge McKeown * The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa, sitting by designation. 2 UNITED STATES V. MANY WHITE HORSES SUMMARY ** Criminal Law The panel affirmed the district court’s imposition of a special condition of supervised release upon the defendant, an enrolled member of the Blackfeet Indian Nation, after he violated the conditions of his probation through alcohol and drug-related infractions. The special condition prohibits the defendant from residing in the town of Browning, Montana, which is the tribal headquarters of the Blackfeet Nation, or visiting the town without prior approval of his probation officer. The panel rejected the defendant’s contentions that the special condition is tantamount to an illegal banishment or exclusion from the Blackfeet Reservation and that it infringes the tribal sovereignty and right of self-government of the Blackfeet Nation. The panel also held that the residency restriction is substantively reasonable. COUNSEL Colin M. Stephens (argued), Smith & Stephens P.C., Missoula, Montana, for Defendant-Appellant. Kalah Anne Paisley (argued) and Timothy A. Tatarka, Assistant United States Attorneys; Katherine Cole, Legal ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. UNITED STATES V. MANY WHITE HORSES 3 Intern; Kurt G. Alme, United States Attorney; United States Attorney’s Office, Great Falls, Montana; for Plaintiff- Appellee. OPINION McKEOWN, Circuit Judge: James Many White Horses, an enrolled member of the Blackfeet Indian Nation, challenges a special condition of his term of supervised release, imposed by the district court after he repeatedly violated the conditions of his probation through alcohol and drug-related infractions. Special Condition 11 prohibits Many White Horses from residing in the town of Browning, Montana, or visiting the town without the prior approval of his probation officer. That condition is coupled with another, requiring short-term residential counseling treatment in Browning. Browning is the tribal headquarters of the Blackfeet Nation and the sole incorporated town on the Blackfeet Reservation. Many White Horses argues that the district court lacked the authority to impose Special Condition 11, and that it is substantively unreasonable because it involves a greater deprivation of liberty than is reasonably necessary to accomplish the goals of supervised release. It is well settled that a district court may impose a geographic or residency restriction when it is properly supported by the record and substantively reasonable. See United States v. LaCoste, 821 F.3d 1187, 1192–93 (9th Cir. 2016). Because the condition “involves no greater deprivation of liberty than ...
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