Yesterday the Second Circuit issued a short opinion reversing a special condition of supervised release requiring the defendant to abstain from any alcohol while on supervision. The opinion in United States v. Betts, No. 17-231 (Leval, Calabresi, Cabranes) (reversal from WDNY) is available here. (The Second Circuit recently issued a summary opinion that reached the same conclusion on plain error review).
The defendant in Betts was originally convicted of conspiracy to commit bank fraud, and pled guilty to a violation of supervised release for failing to notify his probation within 72 hours of an arrest (for driving without a license). As a special condition of supervised release, the district court imposed a total ban on alcohol consumption. The Second Circuit held that this condition was not reasonably related to his underlying conviction or his admitted supervised release violation:
The District Court was not presented with any evidence