Opinion
No. 18-30041
11-27-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RESHAWN D'ARBY MAGNIFICENT-EL, a.k.a. Reshawn D'Arby Phillips, a.k.a. Malik Mutula El, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:15-cr-00129-WFN MEMORANDUM Appeal from the United States District Court for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding Submitted November 27, 2018 Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.
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). --------
Reshawn D'Arby Magnificent-El appeals from the district court's order modifying his conditions of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Magnificent-El challenges the district court's modification of his conditions of supervised release to require up to six urinalysis and sweat patch tests per month. The district court did not abuse its discretion. See United States v. Bainbridge, 746 F.3d 943, 946 (9th Cir. 2014). In light of Magnificent-El's positive drug test result, the modified condition is reasonably related to deterrence and involves no greater deprivation of liberty than is reasonably necessary. See 18 U.S.C. § 3583(d), (e)(2). Therefore, the district court did not abuse its "broad discretion" in imposing it. See Bainbridge, 746 F.3d at 948.
AFFIRMED.