United States v. Reshawn Magnificent-El
United States v. Reshawn Magnificent-El
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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 27 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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
* 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
discretion” in imposing it. See Bainbridge, 746 F.3d at 948.
AFFIRMED.
2 18-30041
Reference
- Status
- Unpublished