United States v. Varela-Rivera

In United States v. Varela-Rivera, No. 23-50298 (5th Cir. May 13, 2024) (unpublished), the Fifth Circuit reversed with instructions for the district court to remove a special condition of supervised release that had required the defendant to abstain from alcohol and other intoxicants.

Varela-Rivera had been convicted of conspiring to transport illegal aliens — a crime that “is unrelated to alcohol consumption” — and she had no history of alcohol abuse. For that reason, it was plain error for the district court to prohibit her from drinking alcohol “because there is no basis in the record for such a condition.”

The Fifth Circuit remanded the case with instructions that the district court should modify the condition to prohibit only the excessive use of alcohol, rather than all consumption.