USA V. RESHAWN MAGNIFICENT-EL, No. 18-30041 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION NOV 27 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 18-30041 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

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