FILED
NOT FOR PUBLICATION OCT 4 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-30329
Plaintiff - Appellee, D.C. No. 3:10-cr-00050-HRH
v.
MEMORANDUM *
CHRISTOPHER TODD MAYER,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Alaska
H. Russel Holland, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Christopher Todd Mayer appeals from certain supervised release conditions
imposed following his guilty-plea conviction for bank robbery, in violation of 18
U.S.C. § 2113(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Mayer contends that because there was no evidence in the record indicating
that he was a drug or alcohol abuser, the district court plainly erred by imposing
drug- and alcohol-related supervised release conditions. The district court properly
imposed the mandatory drug-related supervised release conditions because the
evidence before it did not support a finding that Mayer was a low risk of future
substance abuse. See United States v. Carter, 159 F.3d 397, 399-400 (9th Cir.
1998). Additionally, the district court did not abuse its discretion by imposing the
discretionary drug- and alcohol-related conditions because such conditions,
including the condition that Mayer refrain from excessive use of alcohol, were
reasonably related to the purposes of sentencing and involved no greater
deprivation of liberty than reasonably necessary. See 18 U.S.C. § 3583(d); Carter,
159 F.3d at 400-01.
AFFIRMED.
2 10-30329