United States v. Robert McIntee

681 F. App'x 645

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 14, 2017
• Docket: 16-30129
• Status: Unpublished

Opinion

MEMORANDUM **

Robert Steven Mclptee 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.

Mclntee challenges the district court’s modification of his conditions of supervised release to increase the maximum number of non-treatment drug tests to which Mclntee 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 Mclntee’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. 2008) (recognizing authority of district court to modify conditions of supervised release to increase number of drug tests to which defendant is subject).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.