United States v. Mikhail Feldman

U.S. Court of Appeals for the Ninth Circuit
United States v. Mikhail Feldman, 584 F. App'x 838 (9th Cir. 2014)

United States v. Mikhail Feldman

Opinion

MEMORANDUM **

Mikhail L. Feldman appeals from the district court’s judgment and challenges a special condition of supervised release imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*839 Feldman contends that the district court erred by imposing a special condition of supervised release that requires him to submit to warrantless searches “without reasonable or probable cause.” Specifically, he argues that (1) the court improperly imposed the condition on the basis of a blanket policy rather than Feldman’s individual circumstances, (2) the court failed to respond to Feldman’s arguments against the condition, and (3) the record did not support the need for the condition. We review for abuse of discretion, see United States v. Betts, 511 F.3d 872, 876 (9th Cir. 2007), and find none. The record reflects that the court considered Feldman’s arguments and adequately explained why the condition was necessary in this case. Moreover, in light of Feldman’s multiple violations of supervised release, the condition is reasonably supported by the need for deterrence and protection of the public. See 18 U.S.C. § 3583(d). Under these circumstances, the search condition cannot be said to be an abuse of discretion. See Betts, 511 F.3d at 876.

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Mikhail L. FELDMAN, Defendant-Appellant
Cited By
1 case
Status
Unpublished