United States v. Juan Carrillo ( 2013 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 20 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 12-50445
Plaintiff - Appellee, D.C. No. 2:11-cr-00442-PA-20
v.
MEMORANDUM*
JUAN CARRILLO, a.k.a. Cholo,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted August 27, 2013**
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Juan Carrillo appeals from the district court’s judgment and challenges the
condition of supervised release requiring him to abstain from consuming alcohol.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Carrillo did not object to the condition of supervised release in the district
court, and we therefore review for plain error. See United States v. Maciel-
Vasquez, 458 F.3d 994, 996 n.3 (9th Cir. 2006). Because there is “some indication
in the record of a problem of abuse,” the district court did not plainly err when it
imposed the condition of supervised release requiring Carrillo to abstain from
alcohol. See United States v. Betts, 511 F.3d 872, 881 (9th Cir. 2007); see also
United States v. Vega, 545 F.3d 743, 747-48 (9th Cir. 2008) (recognizing the
connection between drug abuse and alcohol abuse when affirming a condition of
supervised release prohibiting the consumption of alcohol).
AFFIRMED.
2 12-50445