United States v. Aguilar-Cerda, No. 20-10866 (5th Cir. 2022)
Annotate this CaseThe Fifth Circuit affirmed the district court's judgment and granted counsel's motion to withdraw. The court rejected defendant's contention that the district court plainly erred when it delegated to a probation officer the determination of whether he must participate in an inpatient or outpatient substance abuse treatment program. In this case, the district court merely delegated the details of the conditions to the officer. Furthermore, it is not clear or obvious that a 45-month sentence is short enough such that the delegation of the inpatient or outpatient designation to a probation officer amounts to a restriction of defendant's liberty. Therefore, defendant failed to show plain error.
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