Ninth Circuit ruling provides (non)sober ending to quite a week

Since I plan to celebrate Repeal Day some more this weekend after quite a sentencing week, it is fitting that I’ll do a last pre-weekend post noting the Ninth Circuit’s ruling today in US v. Betts , No. 06-50205(9th Cir. Dec. 14, 2007) (available here).  Though there are lots of notable part to Betts (as AL&P and Sean note), I just like to highlight that the Ninth Circuit struck down a supervised release condition which required the defendant to “abstain from using . . . alcohol.”  Here’s a key passage from the court:

This is not to say that there is anything wrong generally with supervised release conditions requiring abstention from alcohol.  Many people commit crimes when they drink too much, and such conditions are often necessary to protect the public and provide correctional treatment. We have upheld abstention conditions where there is some indication in the record of a problem of abuse. Frequently the need for abstention is obvious from the defendant’s criminal history, and the court does not need any admissions from the defendant, because of such past offenses as drunk driving. But the decision has to be individualized, not a matter of policy applicable without regard to the individual defendant.

I’ll drink to that!  (But don’t drink and drive, or else you might soon see your picture on a billboard.)