UNITED STATES COURT OF APPEALS

		   FOR THE NINTH CIRCUIT



UNITED STATES OF AMERICA,	) No. 97-50365
				)
 Plaintiff-Appellee,		) D.C. No. CR-95-00603-MRP-1
				)
  v.				)
				)
KEVIN MITNICK,			) MEMORANDUM*
				)
 Defendant-Appellant.		)
				)
________________________________)

	Appeal from the United States District Court 
 	   for the Central District of California
	Mariana R. Pfaelzer, District Judge, Presiding

		 Submitted May 14, 1998**

Before:    SCHROEDER, TROTT, and FERNANDEZ, Circuit Judges.


    Kevin Mitnick appeals his sentence following his guilty plea 
  
to possession of unauthorized access devices with the intent to 

defraud in violation of 18 U.S.C. § 1029(a)(3).  We have 

jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

    Mitnick contends that the district court erred by imposing 

conditions of supervised release which restricted Mitnick's access 

to computers, computer-related equipment, and certain


___________________
* This disposition is not appropriate for publication and may
not be cited to or by the courts of this circuit except as pro-
vided by 9th Cir. R. 36-3.

** The panel unanimously finds this case suitable for decision
without oral argument. See Fed. R. App. P. 34(a); 9th Cir.
R. 34-4. Accordingly, Mitnick's request for oral argument is de-
nied.





							(2)

telecommunications devices, including cellular telephones, without 

the prior approval of Mitnick's probation officer. We review for 

abuse of discretion.  See United States v. Chinske, 978 F.2d 557, 

559-60 (9th Cir. 1992).  We conclude that the district court did 

not abuse its discretion because the conditions imposed are

reasonably related to legitimate sentencing goals and are no more

restrictive than necessary.1/  See id. (district court has broad 

discretion in setting conditions of supervised release); U.S.S.G. 

§ 5D1.3(b) (1995).  We also reject Mitnick's specific contention 

that the supervised release conditions impermissibly restrict the 

exercise of his First Amendment rights.  See United States v. 

Bolinqer, 940 F.2d 478, 480-81 (9th Cir. 1991) (upholding 

probation condition which restricted defendant's freedom of 

association).  Mitnick's challenge to the supervised release 

conditions on vagueness grounds because "computer" and other terms 

are not defined also fails because the conditions give Mitnick 

fair notice of what is prohibited.  Cf. United States v. 

Fitzqerald, 882 F.2d 397, 398 (9th Cir. 1989) (stating that courts 

look to common understanding of terms when analyzing a statute for 

vagueness).

    Mitnick also contends that the district court erred by 

imposing supervised release conditions which restrict his

____________________
l/    We reject Mitnick's claim that requiring the probation
officer's approval is an impermissible delegation of the district 
court's authority.  The fact that Mitnick may engage in otherwise
prohibited conduct with the probation officer's approval makes 
the conditions imposed less restrictive that an outright ban on such
conduct.







							(3)

employment in the computer and telecommunications industries and 

employment in which Mitnick would have access to computers and 

computer-related equipment, without prior approval of the 

probation officer.  The district court did not abuse its 

discretion because a reasonably direct relationship existed 

between Mitnick's occupation and the offense of conviction and 

because such a restriction is reasonably necessary to protect the 

public.  See U.S.S.G. § 5F1.5 (1995); United States v. Terrigno, 

838 F.2d 371, 374 (9th Cir. 1987).

    Finally, we reject Mitnick's contention that remand is 

appropriate because he believes that the district court did not 

understand that the standard supervised release condition that a 

defendant refrain from unlawful use of a controlled substance and 

submit to drug testing could be ameliorated or suspended.  See 18 

U.S.C. § 3583(d)  (stating that the court shall order drug testing 

as an explicit condition of supervised release but that the court 

may ameliorate or suspend such a condition).

    AFFIRMED.