U.S. v. Gutierrez-Ceja

Ct. of Appeals granted motion by defendant’s counsel seeking leave to withdraw after having filed Anders brief in appeal from defendant’s conviction on charge of being in U.S. illegally after having been deported, alleging that Dist. Ct. improperly directed defendant to refrain from unlawful use of controlled substances, as well as to submit to random drug tests should defendant not be deported after completing sentence. While Dist. Ct,. could have imposed such terms had it formally ordered that defendant be subjected to supervised release, Dist. Ct. expressly declined to order supervised release. Accordingly, such terms were stricken from instant judgment.