Submitted May 11, 2015
Appeal from United States District Court for the Northern District of Iowa, Waterloo.
For United States of America, Plaintiff - Appellee: Lisa C. Williams, U.S. Attorney, U.S. Attorney's Office, Northern District of Iowa, Cedar Rapids, IA.
Dennis Brown, Jr., Defendant - Appellant, Pro se, Coralville, IA.
For Dennis Brown, Jr., Defendant - Appellant: John P. Messina, Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Iowa, Des Moines, IA.
Before RILEY, Chief Judge, MURPHY and MELLOY, Circuit Judges.
Dennis Brown, Jr. pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § § 922(g)(1) and 924(a)(2). The district court sentenced Brown to 57 months imprisonment, recommending " the defendant participate in the Bureau of Prisons' 500-Hour Comprehensive Residential Drug Abuse Treatment Program." The district court also sentenced Brown to three years of supervised release with several special conditions of supervision, including the following:
The defendant must not use alcohol nor enter bars, taverns, or other establishments whose primary source of income is derived from the sale of alcohol.
At the sentencing hearing, the district court overruled Brown's objection to the alcohol special condition. Brown appeals. Because Brown objected at sentencing, we review for an abuse of discretion. See United States v. Forde, 664 F.3d 1219, 1222 (8th Cir. 2012).
At Brown's sentencing hearing, the district court considered Brown's Presentence Investigation Report (PSR), which gave no indication alcohol or drugs played any part in the offense conduct. Brown admitted to marijuana use twice in his life--both times while on parole in 2014--and alcohol use once in his life, in December 2013. Brown's criminal history involved no charges relating to drugs or alcohol, yet it noted the use of marijuana twice while on parole, resulting in a failed urinalysis on one occasion. Brown's PSR indicated he never participated in substance-abuse treatment, but also reported Brown stated he " may benefit" from such a course of treatment.
A district court may impose a special condition of supervised release that " involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in [18 U.S.C. § ] 3553(a)(2)(B), (a)(2)(C), and (a)(2)(D)," among other requirements. 18 U.S.C. § 3583(d)(2). Alcohol bans like Brown's can be appropriate " 'for defendants with substance-abuse problems,'" but not " 'where the defendant's history or crime of conviction [does] not support a complete ban on alcohol.'" Forde, 664 F.3d at 1222 (quoting United States v. Simons, 614 F.3d 475, 480 (8th Cir. 2010)). " 'When crafting a special condition of supervised release, the district court must make an individualized inquiry into the facts and circumstances underlying a case and make sufficient findings on the record so as to ensure that the special condition satisfies the statutory requirements.'" Id. (quoting United States v. Wiedower, 634 F.3d 490, 493 (8th Cir. 2011)).
We recently vacated the sentencing court's imposition of the same special condition of supervised relief. See United States v. Woodall,782 F.3d 383, 384-85, 388 (8th Cir. 2015) (per curiam). We stated " the central question [wa]s whether Woodall [wa]s 'drug dependent.'" Id. at 387 (quoting United States v. Walters,643 F.3d 1077, 1080 (8th Cir. 2011)). Like Brown, Woodall's offense did not involve alcohol or drugs. See id. at 385. Like Brown, Woodall admitted to alcohol and marijuana use, and at a greater frequency than Brown--marijuana use " every other month" and " one or two beers each month." Id. Like Brown, Woodall did not object to the district court's recommendation to the Bureau of Prisons that he participate in the 500-hour drug treatment program. We also identified no evidence other than Woodall's PSR was introduced at his sentencing ...