United States v. Feterick, No. 16-3579 (7th Cir. 2017)Annotate this Case
Feterick pleaded guilty to two counts of bank robbery, 18 U.S.C. 2113(a), and was sentenced to a total of 49 months’ imprisonment and three years’ supervised release. The conditions of supervised release include one requiring that Feterick “participate, at the direction of a probation officer, in a substance abuse treatment program.” The Seventh Circuit vacated that condition. The district court had explained its belief that treatment may become necessary because of Feterick’s history of drug use, 18 U.S.C. 3553(a)(1), and to assure his post‐incarceration rehabilitation, but the court made an erroneous finding that he had used cocaine in the months before the robberies. The evidence showed that Feterick used marijuana, not cocaine, during the year before the robbery. Even if drug treatment might be warranted by Feterick’s history of marijuana use and his short‐term abuse of Percocet, it is not clear that the judge would have imposed the treatment condition if aware that Feterick’s cocaine use was quite remote in time (20 years before the bank robberies). A resentencing limited to reconsideration of the drug‐treatment condition will suffice.