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U.S. v. BREE

No. 18-40360.

927 F.3d 856 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Kelvin Lewis BREE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED June 19, 2019.

Attorney(s) appearing for the Case

Eileen K. Wilson , Assistant U.S. Attorney, Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Michael Lance Herman , Assistant Federal Public Defender, Scott Andrew Martin , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINSON and WILLETT, Circuit Judges, and BROWN, District Judge.

Kelvin Lewis Bree contends that the district court erred in mandating, as a special condition of supervised release, that he participate in a mental-health treatment program "because of [his] substance problems." We agree that the mental-health special condition is unsupported by the record and constitutes reversible...

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