United States v. Thornton
CourtCourt of Appeals for the Second Circuit
Date FiledNovember 2, 2026
Docket23-6871
StatusUnpublished
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Full Opinion
23-6871
United States v. Thornton
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER
IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN
ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY
ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held
at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York,
on the 2nd day of November, two thousand twenty-six.
Present:
SUSAN L. CARNEY,
MICHAEL H. PARK,
SARAH A. L. MERRIAM,
Circuit Judges.
________________________________________
UNITED STATES OF AMERICA,
Appellee,
v. 23-6871
BRINAE THORNTON, AKA LUXURY,
Defendant-Appellant.*
________________________________________
FOR DEFENDANT-APPELLANT: RANDALL D. UNGER, Kew Gardens, NY.
FOR APPELLEE: KATHRYN WHEELOCK (David R. Felton,
Courtney Heavy, Shiva Logarajah, James
Ligtenberg, on the brief), Assistant United
States Attorneys for Jamie McDonald,
United States Attorney for the Southern
District of New York, New York, NY.
* The Clerk of Court is respectfully directed to amend the caption accordingly.
Appeal from a judgment of the United States District Court for the Southern District of
New York (Halpern, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the judgment of the district court is VACATED in part and AFFIRMED in part,
and the case is REMANDED for further proceedings consistent with this order.
Defendant-Appellant Brinae Thornton appeals from the district court’s judgment of
conviction following her guilty plea to one count of racketeering conspiracy in violation of 18
U.S.C. § 1962(d). The district court sentenced Thornton principally to 210 months of
imprisonment, followed by a two-year term of supervised release, and imposed the twelve standard
conditions of supervision recommended in the Presentence Investigation Report (“PSR”).
Thornton now challenges one of those conditions—the Non-Association Condition—which states:
“You must not communicate or interact with someone you know is engaged in criminal activity.
If you know someone has been convicted of a felony, you must not knowingly communicate or
interact with that person without first getting the permission of the probation officer.” We
assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on
appeal, to which we refer only as necessary to explain our decision.
“This Court generally reviews the imposition of supervised release conditions for abuse of
discretion.” United States v. Oliveras, 96 F.4th 298, 304 (2d Cir. 2024). But “plain error review
applies when a defendant had a meaningful opportunity to make objections and failed to raise them
before the district court at sentencing.” United States v. McAdam, 165 F.4th 688, 698 (2d Cir.
2026) (internal quotation marks omitted). To show plain error, a party must demonstrate “(1) an
error, (2) that is plain and (3) that affects substantial rights.” Id. at 699. The Non-Association
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Condition was recommended in the PSR, and Thornton did not object to it at sentencing, so we
review for plain error.
Thornton argues that the district court did not adequately justify imposing the Non-
Association Condition as applied to her communications with her father, who has been convicted
of a felony. We agree. Although district courts have “broad discretion in imposing conditions
of supervised release,” United States v. Betts, 886 F.3d 198, 202 (2d Cir. 2018), “when a
fundamental liberty interest is implicated by a sentencing condition, we must first consider the
sentencing goal to which the condition relates, and whether the record establishes its
reasonableness,” United States v. Myers, 426 F.3d 117, 126 (2d Cir. 2005). Then, we must
consider “whether it represents a greater deprivation of liberty than is necessary to achieve that
goal.” Id.
Although “a district court need not explain its reasoning when imposing standard
conditions,” a condition that implicates a protected familial relationship requires “a more thorough
justification.” United States v. Bryant, 976 F.3d 165, 183–184 (2d Cir. 2020). The district court
did not provide any explanation for its imposition of the Non-Association Condition, nor did it
address the application of the Non-Association Condition to Thornton’s interactions with her
father. We thus remand “to allow the district court to provide further justification for this
condition as applied to [Thornton’s] immediate family members or to exempt such
communications and interactions from the restriction.” Id. at 184.
Thornton also challenges the Non-Association Condition as applied to her communications
with convicted felons other than her father. Her arguments—that the district court failed to
explain the condition, that the condition was not “tailored to [her] particular circumstances,” and
that the condition is not reasonably related to the goals of sentencing—are premised on
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requirements governing the imposition of special conditions, not standard ones. See United
States v. Sims, 92 F.4th 115, 123 (2d Cir. 2024) (“[W]hen determining whether to impose a special
condition,” a district court “must make an individualized assessment” and “state on the record the
reason for imposing it.” (internal quotation marks omitted)); United States v. DeJesus, 182 F.4th
233, 244 (2d Cir. 2026) (stating special conditions must “serve the non-retributive purposes of
sentencing” and require “narrow tailoring” when they implicate a fundamental liberty interest
(internal quotation marks omitted)). Standard conditions like the Non-Association Condition
“presumptively appl[y] to all terms of supervised release,” and a district court “need not explain
its reasoning when imposing” them. Sims, 92 F.4th at 120; Bryant, 976 F.3d at 183.
* * *
We have considered Thornton’s remaining arguments and find them to be without merit.
For the foregoing reasons, the judgment of the district court is VACATED as to the Non-
Association Condition to the extent it implicates Thornton’s communications with her father and
the case is REMANDED for further proceedings consistent with this order. We otherwise
AFFIRM the judgment.1
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk of Court
1
It is further ordered that counsel’s pending motion to withdraw under Anders v. California, 386 U.S. 738
(1967), and the government’s pending motion to dismiss the appeal or, in the alternative, for summary affirmance are
DENIED as moot.
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