USA v. GARCIA
The Ninth Circuit Court of Appeals today released an opinion in USA v. GARCIA, No. 05-30356, a criminal appeal. The panel consisted of J. Clifford Wallace, Kim McLane Wardlaw and Raymond C. Fisher, Circuit Judges.
FISHER, Circuit Judge: This appeal requires us to consider several allegations of sentencing error. We also must determine whether a district court commits plain error by failing to explicitly set the maximum number of non-treatment related drug tests to which the defendant will be exposed as a condition of supervised release. Finally, we must evaluate whether a district court commits plain error by imposing a financial disclosure condition on a defendant who has been convicted of a drug trafficking offense and has a history of drug use. We affirm the sentences imposed and hold that the district court did not commit plain error by imposing either condition. I. Background Because the issues on appeal are exclusively related to sentencing, we need not recount detailed facts of the underlying criminal offenses to which the defendants pled guilty. Rather, we explain only those facts relevant to our resolution of the defendants’ allegations of sentencing error. Adrian Garcia, Ivan Torres and Miguel PlascenciaAlvarado were all involved in a large-scale drug trafficking conspiracy in the Western District of Washington. After being charged with various crimes, all three entered into Rule 11 written plea agreements. See Fed. R. Crim. P. 11(c)(1)(C).. . .