United States v. Demissie
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 3, 2026
Docket26-1645
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 3 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 26-1645
D.C. No.
Plaintiff - Appellee, 2:25-cr-00095-TL-1
v.
MEMORANDUM*
BISRAT DEMISSIE,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Tana Lin, District Judge, Presiding
Submitted October 27, 2026**
Before: SILVERMAN, FORREST, and VANDYKE, Circuit Judges.
Bisrat Demissie appeals from the district court’s judgment revoking
supervised release and challenges the one-year term of supervised release imposed
to follow his six-month term of imprisonment, as well as a special condition. 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 Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Demissie contends that the one-year term of supervision is substantively
unreasonable because social science evidence shows that prolonged supervision
can be counterproductive and because federal supervision complicates his ability to
resolve a pending state charge. The district court considered these arguments and
explained why it was not persuaded by them. It did not abuse its discretion in
concluding that an additional year of supervision was warranted to protect the
public and to provide Demissie necessary rehabilitative support. See 18 U.S.C.
§ 3583(e); Gall v. United States, 552 U.S. 38, 51 (2007).
Demissie next challenges the district court’s addition of a special condition
prohibiting alcohol use, arguing that the condition is overbroad and substantively
unreasonable because he has no history of alcohol abuse and because alcohol
played no role in his violations or criminal offenses. We review this claim for plain
error. See United States v. Sales, 476 F.3d 732, 735 (9th Cir. 2007). Given
Demissie’s history with controlled substances, including the violations at issue
here, the district court did not plainly err in imposing the alcohol abstention
condition. See U.S.S.G. § 5B1.3(d)(4)(B); Sales, 476 F.3d at 735-36; see also
United States v. Vega, 545 F.3d 743, 747-48 (9th Cir. 2008) (discussing the tie
between alcohol and drug abuse and the reasonableness of prohibiting both as part
of an “integrated rehabilitative scheme” (internal quotation marks omitted)).
AFFIRMED.
2 26-1645