Questão jurídica principal
Whether the ambulatory measure had become unsuitable so that the suspended sentences had to be executed
Decisão extraída
The lower court could find the ambulatory treatment unsuccessful and unsuitable on the basis of the long treatment history and medical reports, so execution of the postponed prison sentences was permissible.
Fundamentação extraída
The treatment had essentially remained a methadone program for years, psychotherapy was not feasible, relapse risk persisted, and the situation had not improved but worsened. In these circumstances no violation of federal law was shown.