United States v. Alan Nixon
2016 U.S. App. LEXIS 18577
| 9th Cir. | 2016Background
- Nixon pled guilty to aiding and abetting maintenance of a drug-involved premise and received three years' probation.
- Probation included a condition prohibiting unlawful controlled-substance use and required periodic drug testing.
- Congress enacted an appropriations rider restricting DOJ funding to prosecute medical-marijuana activities in certain states.
- Nixon moved to modify probation to permit medical-marijuana use under California law; the district court denied.
- Court held the rider does not affect the district court’s authority to impose federal-law probation conditions restricting marijuana use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the appropriations rider affect district court probation authority? | Nixon: rider suspends CSA for medical-use in CA. | DOJ: rider limits funding, not court enforcement. | No; rider is temporal and does not strip probation authority. |
Key Cases Cited
- United States v. Bainbridge, 746 F.3d 943 (9th Cir. 2014) (DOJ funding restrictions are seasonal, not immunity from prosecution)
- United States v. Oakland Cannabis Buyers’ Club, 532 U.S. 483 (U.S. Supreme Court 2001) (federal law remains in effect; no medical-necessity defense to prohibition)