Opinion
No. 16-30129
03-14-2017
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ROBERT STEVEN McINTEE, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:02-cr-00009-DWM MEMORANDUM Appeal from the United States District Court for the District of Montana
Donald W. Molloy, District Judge, Presiding Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Robert Steven McIntee 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.
McIntee challenges the district court's modification of his conditions of supervised release to increase the maximum number of non-treatment drug tests to which McIntee may be subjected on an annual basis. The district court did not abuse its discretion. See United States v. Bainbridge, 746 F.3d 943, 946 (9th Cir. 2014). In light of the nature of McIntee's offense and history of substance abuse while not incarcerated, 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); see also United States v. Garcia, 522 F.3d 855, 861 (9th Cir. 2007) (recognizing authority of district court to modify conditions of supervised release to increase number of drug tests to which defendant is subject).
AFFIRMED.