United States v. Cory Misraje

615 F. App'x 882

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 2, 2015
• Docket: 14-50405, 15-50321
• Status: Unpublished

Opinion

MEMORANDUM **

In these consolidated appeals, Cory Mis-raje appeals from the district court’s judgment and challenges the imposed GPS monitoring as a condition of supervised release. We have, jurisdiction under 28 U.S.C. § 1291, and we affirm.

Misraje contends that the district court erred by modifying his conditions of supervised release to include GPS monitoring because it did not first hold an evidentiary hearing, and because the condition was not reasonably related to the goals of supervision and imposed a greater deprivation of liberty than reasonably necessary. We review for abuse of discretion. See United States v. Weber, 451 F.3d 552, 557 (9th Cir.2006). Contrary to Misraje’s contention, the district court was not required to hold an evidentiary hearing before modifying a supervised release condition. See United States v. King, 608 F.3d 1122, 1130 (9th Cir.2010). Moreover, in light of Mis-raje’s history and need to protect the public, the district court did not abuse its discretion by imposing the GPS monitoring condition. See Weber, 451 F.3d at 557-58.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.