from the United States District Court for the Southern
District of Texas
REAVLEY, ELROD, and SOUTHWICK, Circuit Judges.
Del Rosario Alvarez appeals the district court's sentence
requiring her to obtain mental health treatment as a special
condition of supervised release. Because the district court
committed reversible error in imposing this special condition
without the statutorily required factual findings, we VACATE
the challenged condition and REMAND for proceedings
consistent with this opinion.
border patrol agent stopped Maria Del Rosario Alvarez at a
border patrol checkpoint. Alvarez's sister, her
sister's infant, and Agustin Hernandez-Sanchez were all
passengers in the car. The agent asked if they were United
States citizens, and they all answered yes. The agent then
asked for identification, and everyone except
Hernandez-Sanchez handed the agent United States birth
certificates. The agent then asked Alvarez to park in the
secondary inspection area.
secondary inspection area, Hernandez-Sanchez admitted he was
illegally present in the United States. Then, Alvarez and
Hernandez-Sanchez were arrested. During a search of the car,
agents found Alejandro Martinez-Cristobal hiding in the trunk
of the car. Martinez-Cristobal was also illegally present in
the United States. Alvarez never told agents that there was a
person in the trunk, and when agents eventually found
Martinez-Cristobal, it was 94 degrees in the trunk.
to the sentencing hearing, the United States Probation Office
prepared a presentence report (PSR) detailing Alvarez's
personal background. It reported that Alvarez had no prior
criminal history but that she had a history of alcohol use,
recommending that the court "consider imposing an
education and drug treatment and/or surveillance special
condition." Notably, however, the PSR stated that
Alvarez "reported no history of mental or emotional
health related problems and [its] investigation [had]
revealed no information to indicate otherwise."
pleaded guilty to transportation of an undocumented alien, in
violation of 18 U.S.C. §§ 1324(a)(1)(A)(ii),
1324(a)(1)(A)(v)(II), and 1324(a)(1)(B)(ii). During the
sentencing hearing, Alvarez's counsel asked the district
court to consider a departure for aberrant behavior and
stated that Alvarez had "suffered extreme abuse and
trauma in her very short life."
district court sentenced Alvarez to 18 months of imprisonment
to be followed by two years of supervised release. The
district court then ordered "[s]tandard terms of
supervision, along with drug and alcohol treatment, mental
health, and that [Alvarez] enroll in a program-educational
program designed to receive a high school diploma or its
equivalency." During the sentencing hearing, Alvarez did
not object to the imposition of a mental health treatment
program as a special condition of supervised release.
this special condition, the judgment stated:
The defendant is required to participate in a mental health
program. Further, the defendant shall participate and shall
comply with all rules and regulations of the treatment agency
until discharged by the Program Director with the approval of
the probation officer. The defendant will incur costs
associated with such program, based on ability to pay as
determined by the probation officer.
timely filed a ...