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Legal Opinion

United States v. Kelvin Bree

Court of Appeals for the Fifth Circuit

Decided June 19, 2019No. 18-40360PublishedCited by 9 opinions

1Opinion of the Court

DON R. WILLETT, Circuit Judge:

Kelvin Lewis Bree contends that the district court erred in mandating, as a special condition of supervised release, that he participate in a mental-health treatment program "because of [his] substance problems." We agree that the mental-health special condition is unsupported by the record and constitutes reversible plain error. We MODIFY the sentence by striking the mental-health condition and AFFIRM the sentence as modified.

I

In October 2017, a Border Patrol agent stopped then-57-year-old Bree at the Sarita checkpoint on the U.S.-Mexico border. The agent's…

2Cases cited8 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. Rosales-Mireles v. United StatesSupreme Court of the United States · 2018
  3. United States v. De Jesus-BatresCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. Sammy SalazarCourt of Appeals for the Fifth Circuit · 2014
  5. United States v. James CaravayoCourt of Appeals for the Fifth Circuit · 2016

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3Cited by9 opinions

  1. United States v. Christopher WaguespackCourt of Appeals for the Fifth Circuit · 2019
  2. United States v. Jesus RodriguezCourt of Appeals for the Eleventh Circuit · 2023
  3. United States v. Rolando HinojosaCourt of Appeals for the Fifth Circuit · 2020
  4. United States v. HigginsCourt of Appeals for the Fifth Circuit · 2021
  5. United States v. HunterCourt of Appeals for the Fifth Circuit · 2026

4 more not listed; retrieve them via the Exa API.

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