21-2954
United States v. Oliveras
United States Court of Appeals
for the Second Circuit
_____________________________________
August Term 2022
(Argued: June 30, 2023 Decided: March 15, 2024)
No. 21-2954
_____________________________________
UNITED STATES OF AMERICA,
Appellee,
— v. —
ALEX OLIVERAS,
Defendant-Appellant.
_____________________________________
Before: LYNCH, BIANCO, AND PÉREZ, Circuit Judges.
Defendant-Appellant Alex Oliveras appeals from a judgment of the United
States District Court for the Western District of New York (Arcara, J.), entered
November 23, 2021, following his guilty plea, sentencing him principally to sixty-
three months’ imprisonment and a three-year supervised release term for
possessing cocaine with intent to distribute in violation of
21 U.S.C. § 841
(a)(1) and
(b)(1)(C), and possessing a firearm in furtherance of drug trafficking in violation
of
18 U.S.C. § 924
(c)(1)(A)(i). Oliveras’s sole contention on appeal is that the
imposition of a special condition of supervised release that subjects him to
suspicionless searches by a probation officer (the “Search Condition”) violates the
Fourth Amendment.
We conclude that the “special needs” doctrine of the Fourth Amendment
permits, when sufficiently supported by the record, the imposition of a special
condition of supervised release that allows the probation officer to conduct a
suspicionless search of the defendant’s person, property, vehicle, place of
residence, or any other property under his or her control. However, the district
court exceeded its discretion in imposing that special condition here because it
failed to make the individualized assessment required to support the special
condition under
18 U.S.C. § 3583
(d), including a sufficient explanation as to how
the condition is reasonably related in this particular case to the applicable statutory
factors under
18 U.S.C. § 3553
(a) and involves no greater deprivation of liberty
than is reasonably necessary under those factors.
Accordingly, we VACATE the Search Condition and REMAND to the
district court for further consideration of whether it is necessary to impose the
Search Condition in this particular case and, if so, for the district court to explain
the individualized basis for imposing the Search Condition.
TIFFANY H. LEE, Assistant United States
Attorney, for Trini E. Ross, United
States Attorney for the Western District
of New York, Buffalo, NY.
TIMOTHY P. MURPHY, Assistant Federal
Public Defender, Federal Public
Defender’s Office, Buffalo, NY.
JOSEPH F. BIANCO,
Defendant-Appellant Alex Oliveras appeals from a judgment of the United States District Court for the Western District of New York (Arcara, J.), entered 2 November 23, 2021, following his guilty plea, sentencing him principally to sixty- three months’ imprisonment and a three-year supervised release term for possessing cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C), and possessing a firearm in furtherance of drug trafficking in violation of 18 U.S.C. § 924 (c)(1)(A)(i). Oliveras’s sole contention on appeal is that the imposition of a special condition of supervised release that subjects him to suspicionless searches by a probation officer (the “Search Condition”) violates the Fourth Amendment.
We conclude that the “special needs” doctrine of the Fourth Amendment permits, when sufficiently supported by the record, the imposition of a special condition of supervised release that allows the probation officer to conduct a suspicionless search of the defendant’s person, property, vehicle, place of residence or any other property under his or her control. However, the district court exceeded its discretion in imposing that special condition here because it failed to make the individualized assessment required to support the special condition under 18 U.S.C. § 3583 (d), including a sufficient explanation as to how the condition is reasonably related in this particular case to the applicable statutory 3 factors under 18 U.S.C. § 3553 (a) and involves no greater deprivation of liberty than is reasonably necessary under those factors.
Accordingly, we VACATE the Search Condition and REMAND to the district court for further consideration of whether it is necessary to impose the Search Condition in this particular case and, if so, for the district court to explain the individualized basis for imposing the Search Condition.
BACKGROUND On November 27, 2018, Oliveras was charged in an indictment in the Western District of New York with the following: two counts of possession of cocaine with intent to distribute in violation 21 U.S.C. § 841 (a)(1) and (b)(1)(C) (Counts One and Two); one count of maintaining a drug-involved premises in violation of 21 U.S.C. § 856 (a)(1) (Count Three); one count of possession of a firearm in furtherance of drug trafficking in violation of 18 U.S.C. § 924 (c)(1)(A)(i) (Count Four); one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2) (Count Five); and one count of possession of a defaced firearm in violation of 18 U.S.C. §§ 922 (k) and 924(a)(1)(B) (Count Six).
On October 22, 2020, Oliveras pled guilty to Count One (possessing cocaine with intent to distribute) and Count Four (possessing a firearm in furtherance of 4 drug trafficking), pursuant to a plea agreement with the government. On November 23, 2021, the district court sentenced Oliveras principally to sixty-three months’ imprisonment and a three-year supervised release term. In connection with the supervised release term, the district court imposed the Search Condition at issue on this appeal, to which Oliveras objected both in writing prior to the sentencing and at the sentencing proceeding.
Prior to Oliveras’s sentencing, the United States Probation Office prepared a Presentence Investigation Report (“PSR”) in which it recommended a search condition as a special condition of supervised release. The search condition initially provided for searches “based upon reasonable suspicion.” United States v. Oliveras, No. 18-cr-00234, Dkt. No. 82 at 23 (Initial PSR). The Probation Office subsequently, without explanation, revised the proposed condition to remove the reasonable suspicion requirement. See Oliver