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.
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.
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 ...