United States v. Reshawn Magnificent-El

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 27, 2018
• Docket: 18-30041
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 27 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-30041

Plaintiff-Appellee, D.C. No. 2:15-cr-00129-WFN

v. MEMORANDUM* RESHAWN D'ARBY MAGNIFICENT-EL, a.k.a. Reshawn D'Arby Phillips, a.k.a. Malik Mutula El,

Defendant-Appellant.

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.

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.

* 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). 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.

2 18-30041