United States v. Amanda Richter

MEMORANDUM

Amanda Richter appeals conditions of her probation imposed following her pleading guilty to acquiring a controlled substance by fraud, deception, or subterfuge in violation of 21 U.S.C. § 843 (a)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court.

1. The district court did not abuse its discretion when it imposed conditions restricting Richter from (1) knowingly entering or staying in any dwelling or house where there is the active or ongoing use, abuse or consumption of alcohol without approval from her probation officer, and (2) from entering any automobile where a person possesses or is consuming alcohol. A district court “has broad discretion in setting probation conditions, including restricting fundamental rights.” United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991). A discretionary condition of probation, including restrictions on a defendant’s right of association, will be upheld if it is “(1) primarily designed to meet the ends of rehabilitation and protection of the public and (2) reasonably related to such ends.” Id.

In this case, the court found Richter had serious addiction issues, an addictive personality,…