United States of America v. Juan Alberto Barragan, a.k.a. Baby Face, a.k.a. Face

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JUAN ALBERTO BARRAGAN, a.k.a.
Baby Face, a.k.a. Face,
Defendant-Appellant.
No. 18-50090
D.C. No. 2:09-cr-00132-R
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Juan Alberto Barragan appeals from the district court’s judgment and
challenges a special condition of supervised release imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Barragan contends that the district court procedurally erred by failing to
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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explain adequately why it was imposing a condition of supervised release requiring
inpatient substance-abuse treatment. We review for plain error. See United States
v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). The district court did
not plainly err because its reasons for imposing the condition are apparent from the
record. See United States v. Daniels, 541 F.3d 915, 924 (9th Cir. 2008). Nor was
it plain error to omit any specific duration for the treatment program. See United
States v. Dupas, 419 F.3d 916, 924 (9th Cir. 2005) (district court did not plainly err
in delegating decision to the probation officer where it was not clear under current
law that the decision could not be delegated).
Finally, Barragan contends that the challenged condition is substantively
unreasonable. The district court did not abuse its discretion. See Gall v. United
States, 552 U.S. 38, 51 (2007). The condition is substantively reasonable in light
of the 18 U.S.C. § 3583(e) factors and the totality of the circumstances, including
Barragan’s lack of success with outpatient drug treatment. See Gall, 552 U.S. at
51.
AFFIRMED.

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