United States v. Martinez, No. 20-20148 (5th Cir. 2020)Annotate this Case
The judge may not delegate to the probation officer the decision to require inpatient, rather than outpatient, treatment because of the liberty interests at stake. The Fifth Circuit vacated the district court's modification of defendant's conditions of supervised release to include a provision that he participate in an inpatient or outpatient substance abuse treatment program supervised by defendant's probation officer. The court held that the option to require inpatient rehabilitation delegates to the probation officer the judicial decision to significantly restrict defendant's liberty during treatment. The court remanded for further proceedings.