Reynard

I. FACTUAL AND PROCEDURAL HISTORY

A. Factual Background

1. The Underlying Crime

On July 23, 1998, Reynard entered a San Diego Bank of America branch and handed the teller a note demanding that she empty the cash drawer and warning her that he possessed a gun. The teller gave Reynard $2,325. Reynard took the money and fled but turned himself in to a Federal Bureau of Investigation (“FBI”) office a few days later. He admitted to having committed the robbery. Reynard explained that he was a habitual drug user and that his habit motivated the crime.

On August 5, 1998, a grand jury indicted Reynard for one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Reynard pleaded guilty on October 5, 1998. On December 21, 1998, he was sentenced to thirty months in custody, followed by three years of supervised release. The court ordered Rey- nard to comply with several conditions of supervised release, including that he (1) “[s]ubmit to a search of person, property, residence, abode or vehicle at a reasonable time and in a rea- sonable manner by the Probation Officer,” and (2) refrain from “commit[ting] another federal, state, or local crime.” Reynard’s supervised…