United States Ninth Circuit

Sentences imposed for drug-related offenses are affirmed primarily where the district court did not commit plain error by: 1) failing to explicitly set the maximum number of non-treatment related drug tests to which one defendant will be exposed as a condition of supervised release; nor 2) imposing a financial disclosure condition on a defendant who has been convicted of a drug trafficking offense and has a history of drug use. (Superseding opinion)

Appellate Information

• Argued 07/25/2006
• Decided 04/17/2008
• Published 04/17/2008

Judges

• FISHER, Circuit Judge:, Before:  J. CLIFFORD WALLACE, KIM MCLANE WARDLAW and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Mary Anne Royle, Vancouver, WA, for defendant-appellant Adrian Garcia., Nancy L. Talner, Seattle, WA, for defendant-appellant Miguel Plascencia-Alvarado., Jeffrey E. Ellis, Law Offices of Ellis, Holmes & Witchley, PLLC, Seattle, WA, for defendant-appellant Ivan Torres., John L. Lulejian (argued), Assistant United States Attorney, and James M. Lord, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.