Talavera
United States v. Talavera
Opinion
Lead Opinion
MEMORANDUM **
Because Talavera has a history of depression, a family history of alcoholism, and a husband who “drinks excessively,” the district court did not plainly err in imposing an alcohol ban as a condition of supervised release. See United States v. Sales, 476 F.3d 732, 735-36 (9th Cir.2007); United States v. Maciel-Vasquez, 458 F.3d 994, 996 (9th Cir.2006), petition for cert. filed, — U.S.L.W. — (U.S. Dec. 13, 2006) (No. 06-8427).
We interpret the requirement that Ta-lavera “take all medications as prescribed by a psychiatrist or physician” to exclude the kinds of antipsychotic drugs found to trigger a significant liberty interest in United States v. Williams, 356 F.3d 1045, 1053-55 (9th Cir.2004). Subject to this interpretation, the district court did not plainly err in imposing this condition as part of a greater treatment program based on Talavera’s history and characteristics. See United States v. Fellows, 157 F.3d 1197, 1203-04 (9th Cir.1998).
Remand is necessary, however, to allow the district court to amend the written Judgment and Probation/Commitment Order to add the alcohol ban and the suspension of the otherwise mandatory drug testing, as orally pronounced…