United States v. William Romig
Opinion
In 2001, William Cecil Romig pleaded guilty to conspiracy to distribute methamphetamine in violation of
Two months before his scheduled release from prison, Romig filed this § 3583(e)(2) motion 1 to modify two special conditions of supervised release:
1) The defendant shall submit to periodic drug testing and participate in substance abuse treatment and aftercare as directed by the probation office.
2) The defendant shall not associate with any member, prospect, or associate of the Hell's Angels motorcycle gang, or any other gang.
The district court
2
denied the motion, concluding that the legality of supervised release conditions must be challenged by a motion under
*1006 1. The Substance Abuse Special Condition. Prior to his arrest and conviction, Romig was a regular drug user. He has eight prior drug convictions, and in the offense of conviction, Romig and five co-defendants were charged with eighteen counts related to their roles in the drug conspiracy. Prior to incarceration for this offense, Romig used a quarter of a gram of methamphetamine a day. He nonetheless challenges the special condition mandating periodic drug testing and participation in substance abuse treatment, arguing the condition is not based on individualized findings because there is no evidence the risk of substance abuse has not abated while he was in prison, and the sentencing court's judgment form checked a box stating the defendant "posed a low risk of future substance abuse." 3
It was not an abuse of discretion for the court to refuse to eliminate the drug testing and substance abuse treatment requirements. Section 3553(a) directs courts to consider the need "to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner." Considering Romig's personal use of methamphetamine, which began at age 16, and his criminal history of drug abuse convictions, it was not an abuse of discretion for the court to keep the condition in place to prevent further drug abuse and to provide for correctional treatment and rehabilitation.
2. The Hell's Angels Special Condition. At the time of the offense of conviction, Romig was a "prospect" for the Hell's Angels motorcycle gang -- meaning he was not a full-fledged member but was in the process of joining. At least one of his co-conspirators also claimed to be a Hell's Angels prospect. Romig argues that the special condition prohibiting him from associating with Hell's Angels members or prospects is unrelated to his offense and to his criminal and personal history, and is unnecessary. He also argues that the condition is unconstitutionally vague and infringes on his freedom of association.
Regarding the latter contention, in
United States v. Thomas
,
Courts have upheld special conditions prohibiting defendants from associating with groups "to prevent reversion into a former crime-inducing lifestyle."
United States v. Ross
,
We conclude the district court was well within its discretion to deny Romig's motion to modify these two special conditions of supervised release because they are reasonably related to the sentencing factors, involve no greater deprivation of liberty than is reasonably necessary, and are consistent with the Sentencing Commission's pertinent policy statements.
United States v. Sherwood
,
The Honorable John R. Tunheim, Chief Judge of the United States District Court for the District of Minnesota.
In denying relief, the district court found this was a clerical error and issued an amended sentencing judgment.
Reference
- Full Case Name
- UNITED STATES of America Plaintiff - Appellee v. William Cecil ROMIG, Also Known as Billy the Kid Defendant - Appellant
- Cited By
- 5 cases
- Status
- Published