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United States v. Aquino

United States Court of Appeals, Ninth Circuit

July 20, 2015

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
JEWEL AQUINO, Defendant - Appellant

Argued and Submitted June 8, 2015, Honolulu, Hawaii

As Corrected July 21, 2015.

Appeal from the United States District Court for the District of Hawaii. D.C. No. 1:10-cr-00023-SOM-5. Susan Oki Mollway, Chief District Judge, Presiding.

Salina Kanai Althof (argued), Assistant Federal Defender, and Peter C. Wolff, Jr., Federal Public Defender, Honolulu, Hawaii, for Defendant-Appellant.

Thomas J. Brady (argued), Assistant United States Attorney, and Florence T. Nakakuni, United States Attorney, Honolulu, Hawaii, for Plaintiff-Appellee.

Before: WARDLAW, BERZON, and OWENS, Circuit Judges.

OPINION

Page 1034

OWENS, Circuit Judge:

Appellant Jewel Aquino challenges (1) the district court's finding that she lied to her probation officer when she denied using any " illicit drugs" and (2) a special condition of supervised release that prohibits her from knowingly using or possessing any substance that she " believe[s] is intended to mimic" the effects of a controlled substance. We have jurisdiction under 28 U.S.C. § 1291, and we vacate Aquino's sentence and remand for resentencing.

I. FACTS

Aquino pleaded guilty to one count of violating 18 U.S.C. § 1591(a)(1), (b)(2), and was sentenced to thirty-three months of incarceration followed by three years of supervised release with numerous standard and special conditions. Standard Condition No. 3 required Aquino to " answer truthfully all inquiries by the probation officer."

Upon release from prison, Aquino did poorly on supervised release, with a series of violations in 2013 (including a violation of Standard Condition No. 3). The district court sentenced her to nine months' imprisonment, followed by twenty-four months of supervised release.

Aquino stumbled again in 2014. On May 28, 2014, her ...


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