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163588P.pdf 02/12/2019 United States v. David Bell
U.S. Court of Appeals Case No: 16-3588
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Gruender, Author, with Kelly and Grasz, Circuit Judges]
Criminal case - Sentencing. Defendant's appeal waiver did not preclude him
from challenging two provisions of his supervised release; the district
court abused its discretion in imposing an alcohol ban because it cited
its general experience with defendants and did not perform an
individualized inquiry into the circumstances of defendant's alcohol use
and drug dependence; the district court also abused its discretion in
imposing a curfew, again because it referenced only is general experience
with offenders, did not make individualized findings and admitted there
was no indication that the court's general experience applied to
defendant; the conditions are vacated.