United States v. Dena Diane Wagner

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Dena Diane WAGNER, Defendant-Appellant. No. 93-30351. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 21, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Dena Wagner appeals the terms of her probation following her plea of guilty to food stamp fraud. Ms. Wagner received stolen food stamps from Ms. Maas, a postal employee who was Ms. Wagner's mother-in-law at the time. Ms. Wagner contends the district court abused its discretion by conditioning her probation on participation in substance abuse and mental health counseling. 3 Ms. Wagner suffered childhood sexual abuse and was physically abused by her husband during her second marriage. She drank excessively between the ages of nine and fourteen, often consuming a fifth of liquor during a single day. Ms. Wagner has been sober, however, for the…