United States of America v. ROBERT STEVEN McINTEE

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERT STEVEN McINTEE,
Defendant-Appellant.
No. 16-30129
D.C. No. 2:02-cr-00009-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Robert Steven McIntee 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.
FILED
MAR 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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). McIntee’s request for oral
argument, set forth in his reply brief, is accordingly denied.

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McIntee challenges the district court’s modification of his conditions of
supervised release to increase the maximum number of non-treatment drug tests to
which McIntee 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 McIntee’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. 2007) (recognizing authority of district court to modify conditions of
supervised release to increase number of drug tests to which defendant is subject).
AFFIRMED.
16-30129 2

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