United States v. Tulloch

United States Court of Appeals
For the First Circuit

No. 02-1749
UNITED STATES,

Appellee,

v.

MESFIN HAILE TULLOCH,

Defendant, Appellant.

ERRATA

The opinion of the court issued on August 12, 2004, is amended
as follows:

1. The slip opinion is amended to include the following
inadvertently omitted footnote, footnote 1, after the first full
sentence on page 5 ("On remand, we direct the respective courts to
strike the improper delegation from their written judgments."):
"In Tulloch's case, the oral sentence set the maximum
number of drug tests at three. On remand, the district court
must ensure that the amended judgment is consistent with its
oral order.
For reasons given below, we uphold the written drug
testing condition imposed on Castillo, although it was not
mentioned at sentencing. When, on remand, the district court
strikes the improper delegation, "and thereafter as required
by the probation officer," the portion remaining would require
only one drug test during the supervised release period. Yet
18 U.S.C. § 3583(d) requires a minimum of three drug tests.
On remand, the district court must ensure that the amended
condition conforms to the statute."

2. Subsequent footnotes are to be renumbered accordingly.