United States v. Randall Wilson Britt

Randall Britt appeals the district court’s imposition of an occupational restriction as a term of his supervised release. We have jurisdiction under 28 U.S.C. § 2253 and vacate his sentence.

Britt pled guilty to conspiracy to distribute methamphetamine in the District of South Carolina and was sentenced to 60 months’ imprisonment and four years’ supervised release. After commencement of Britt’s supervised release, supervision was transferred to the Eastern District of California.

While still on release, Britt was arrested in Contra Costa County for boating under the influence of alcohol. Britt was charged with violating the terms of his supervised release by leaving the county without permission and for violating section 655(c) of the California Harbors and Navigation Code by boating under the influence of alcohol. He admitted these violations.

For the dispositional hearing, the probation officer submitted a “Dispositional Memorandum” (“Memorandum”) which described Britt’s substantial criminal history, including convictions for conspiracy to possess counterfeit Federal Reserves Notes, conspiracy to possess stolen goods, and possession of goods stolen from interstate commerce.…