Harvey

United States v. Harvey

Good Law
794 F. Supp. 2d 1103·2011 WL 2493744·2011 U.S. Dist. LEXIS 67260
United States District Court, Southern District of CaliforniaJune 23, 2011Case 95cr2095-IEGCalifornia1,479 words

Opinion

Opinion

Gonzalez, J.

ORDER

BACKGROUND

Defendant Roshaja Harvey served approximately ten years in prison for armed bank robbery. Afterwards, he began a five year term of supervised release. Among the mandatory conditions of his supervised release, Harvey was ordered to “[rjefrain from any unlawful use of a controlled substance.” In January 2011, Harvey tested positive for marijuana use and acknowledged having used marijuana. Soon after, U.S. Probation formally alleged Harvey had violated the conditions of his supervised release. [Doc. No. 78.]

Harvey moved to dismiss the allegation. [Doc. No. 87.] The Court held a hearing on June 15, 2011. Harvey made two arguments. First, Harvey argued he lacked adequate notice of the mandatory condition because it was vague. Second, Harvey argued his use of marijuana pursuant to a “doctor’s recommendation” was lawful under both California and federal law.

At the conclusion of the hearing, the Court concluded that Harvey violated the above-mentioned mandatory condition. This Order explains the Court’s rationale for reaching that conclusion.

DISCUSSION

1. Notice

Under federal law, courts must impose certain mandatory conditions when imposing a term of supervised…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.