UNITED STATES v. MAGNIFICENT EL (2018)

United States Court of Appeals, Ninth Circuit.

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.

No. 18-30041

Decided: November 27, 2018

Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

Matthew F. Duggan, Assistant U.S. Attorney, USSP - Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee William Miles Pope, FPDWA - Federal Public Defender's Office (Eastern Wa & Id), Spokane, WA, for Defendant-Appellant

MEMORANDUM **

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.

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