Yuvavanich

MEMORANDUM *

Tanat Yuvavanich pled guilty to one count of possessing with the intent to distribute 112 grams of heroin in violation of 21 U.S.C. § 841 (a)(1). The district court sentenced him to 57 months in prison followed by four years of supervised release. Yuvavanich challenges the conditions of his supervised release requiring him to participate in outpatient substance abuse treatment, to submit to drug and alcohol testing, and to abstain from abusing prescription medications. He contends that the district court erred in applying these conditions of supervised release because there was no evidence in the record that he abused drugs and alcohol, and, as a result, he did not fall within the United States Sentencing Guidelines’ criteria for such a condition. See U.S. Sentencing Guidelines Manual § 5D1.3.

We review the district court’s decision to impose the conditions relating to drug use, testing, and treatment for an abuse of discretion. See United States v. Carter, 159 F.3d 397, 399 (9th Cir.1998); United States v. Johnson, 998 F.2d 696, 697 (9th Cir.1993). Because Yuvavanich did not challenge the alcohol-related conditions in district court, however, we review the…