United States v. Martinez, No. 20-20148 (5th Cir. 2021)Annotate this Case
The Fifth Circuit withdrew its prior opinion and substituted the following opinion.
The court vacated defendant's condition of supervised release requiring defendant to "participate in an inpatient or outpatient substance-abuse treatment program" supervised by defendant's probation officer. The court concluded that the option to require inpatient rehabilitation delegates to the probation officer the judicial decision to significantly restrict defendant's liberty during treatment. In this case, because of defendant's short ten-month sentence, the district court should not have delegated the decision to further restrict defendant's liberty during the course of treatment while on supervised release. Therefore, the court remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on October 27, 2020.