United States Fifth Circuit

In a prosecution for aggravated identity theft and fraud in connection with access devices, a condition of defendant's supervised release requiring her to participate in a mental health program as deemed necessary and approved by the probation officer is affirmed where any error by the district court in delegating authority to a probation officer to determine the length of a defendant's treatment was not plain or obvious because the court had not previously addressed the issue.

Appellate Information

• Decided 04/08/2010
• Published 04/08/2010

Judges

• OWEN, Circuit Judge:, Before BARKSDALE, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Amy Howell Alaniz, Asst. U.S. Atty., McAllen, TX, Lauretta Drake Bahry and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Bishop.