Lafley

United States v. Lafley

Good Law
656 F.3d 936·2011 WL 3850843·2011 U.S. App. LEXIS 18207
United States Court of Appeals for the Ninth CircuitSeptember 1, 201110-30132California3,084 words

Opinion

Opinion

Thomas, J.

This appeal presents the question whether a convicted methamphetamine dealer is entitled, under the Religious Freedom Restoration Act of 1993 (“RFRA”), 42 U.S.C. §§ 2000bb-2000bb-4, to use marijuana during his period of supervised release. In the circumstances presented by this case, the district court declined to suspend the mandatory supervised release condition prohibiting such use. We affirm.

I

Lafley pleaded guilty to conspiracy to manufacture and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and § 846. He was sentenced to 110 months of imprisonment to be followed by 60 months of supervised release. The court imposed conditions of supervised release prohibiting Lafley from committing “another federal, state, or local crime,” from “possessing] a controlled substance without a valid prescription,” and from “consuming, possessing or ingesting alcoholic beverages.” Lafley served his term of imprisonment and began serving his term of supervised release.

While on supervised release, Lafley tested positive for marijuana. According to his probation officer’s report, when he was confronted with the positive test he “readily…

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