Brown

United States v. Brown

Good Law
223 F. App'x 722
United States Court of Appeals for the Ninth CircuitMarch 1, 2007No. 05-50463California817 words

Opinion

Lead Opinion

MEMORANDUM **

Leon Wilson Brown challenges several special conditions of supervised release imposed as part of his sentence following his guilty plea to possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm in part and vacate in part and remand.

Because Brown did not object to the special release conditions in the district court, we review for plain error. United States v. Rodriguez-Rodriguez, 441 F.3d 767, 772 (9th Cir.2006). Under this standard, there must be (1) error; (2) that is plain; and (3) that affects Brown’s substantial rights. United States v. Maciel-Vasquez, 458 F.3d 994 , 996 n. 3 (9th Cir. 2006). If these conditions are met, we may correct the error only if it “seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” Johnson v. United States, 520 U.S. 461, 466-67 , 117 S.Ct. 1544 , 137 L.Ed.2d 718 (1997).

Brown argues the district court committed plain error when it imposed a supervised release condition that barred alcohol use. However, as the alcohol condition reasonably relates to Brown’s drug…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.