March 09th, 2021

US Court of Appeals for the Fifth Circuit Opinions
United States v. Vigil

Docket: 20-50192
Opinion Date: March 5, 2021
Judge: Per Curiam
Areas of Law: Criminal Law

The Fifth Circuit affirmed the district court's imposition of a "no alcohol" special condition after defendant pleaded guilty to one count of conspiracy to transport illegal aliens and one count of transporting an illegal alien. The court concluded that where, as here, the defendant has a history of substance abuse and drug-related arrests such that the court reasonably believes he is an "abuser" of drugs, it is within the district court's discretion to require substance abuse treatment and prohibit the use of intoxicating substances, including alcohol, as special conditions of supervised release—even when there is no evidence in the record of alcohol abuse specifically.

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