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U.S. v. Betts

Additional Supervision Reasonable But Alcohol Ban Is Not Reasonably Related to Offense

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On Appeal from the United States District Court for the Western District of New York

*1 Defendant Jeffrey Betts appeals from a December 7, 2016 judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge) in which he was sentenced principally to a term of ten months’ imprisonment and four years of supervised release, with special conditions of supervised release. The District Court ordered that the defendant refrain from consuming any alcohol whatsoever while under supervision. It also required substance abuse testing, stating that “[t]here will be zero tolerance of the use of any drugs at all.” J.A. at 154 (emphasis added).Betts now argues that this newly imposed sentence of four years of supervised release is substantively unreasonable. He also argues that the District Court erred in imposing the special conditions relating to alcohol and drugs.We reject defendant’s argument that the imposition of an additional four years of supervised release was substantively unreasonable. We also reject defendant’s argument that the District Court erred in imposing a special condition requiring defendant to submit to periodic drug testing. We agree with defendant that the District Court’s imposition of a total ban on the consumption of alcohol was not reasonably related to the nature and circumstances of the defendant’s offense.

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