United States v. San Barboza-Rodriguez ( 2020 )

Case: 19-50747 Document: 00515559272 Page: 1 Date Filed: 09/10/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 10, 2020
No. 19-50747 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
San Juan Barboza-Rodriguez, also known as San Juan
Barboza Rodriguez,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:17-CR-171-1
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
San Juan Barboza-Rodriguez appeals the sentence imposed following
his conviction for possession with intent to distribute 500 grams or more of
cocaine. He contends that the district court plainly erred by ordering a
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 19-50747 Document: 00515559272 Page: 2 Date Filed: 09/10/2020
No. 19-50747
special condition of supervised release requiring him to undergo mental
health treatment. The Government, conceding error, asks us to strike the
condition, reform the written judgment, and affirm as modified.
The district court did not explain how its imposition of the mental
health treatment condition was reasonably related to any of the 18 U.S.C.
§ 3553(a) factors, and the court’s reasoning cannot be inferred from the
record. See United States v. Alvarez, 880 F.3d 236, 239-40 (5th Cir. 2018).
We thus conclude that Barboza-Rodriguez has shown clear or obvious error.
See id. at 240-41. Barboza-Rodriguez has further shown that the error
affected his substantial rights because he must pay for the costs of the
treatment, it may require a significant time commitment, and it creates a
possibly unwarranted perception that he requires treatment. See id. at 241.
Because of the significant autonomy and privacy concerns, we exercise our
discretion to remedy the error. See id. at 242.
Accordingly, we GRANT the Government’s motion, MODIFY the
judgment to strike the special condition of release requiring Barboza-
Rodriguez to undergo mental health treatment, and AFFIRM the judgment
as modified. See 28 U.S.C. § 2106. The Government’s alternative motion
for an extension of time to file a brief is DENIED AS MOOT.
2