United States v. Mark Faasuamalie

MEMORANDUM

D efendant-App ellant Mark Faasuamalie appeals the modification of his probation and the denial of his motion to dismiss a violation of supervised release or terminate probation. This Court reviews a district court’s decision to revoke or modify probation for abuse of discretion. United States v. Laughlin, 933 F.2d 786, 788 (9th Cir.1991) (revocation reviewed for abuse of discretion); see United States v. Johnson, 892 F.2d 369, 371-72 (4th Cir.1989) (modification reviewed for abuse of discretion). We affirm the District Court and deny the appeal.

The District Court did not abuse its discretion in modifying the condition of release to include a drug-testing requirement. Mr. Faasuamalie appeals the imposition of this condition because, he argues, the modification was unrelated to public safety or rehabilitation. But the law contains no such requirement. Indeed, the drug-testing requirement is a presumptively mandatory condition of release. “The court shall provide, as an explicit condition of a sentence of probation ... one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter ...,” but this condition “may be ameliorated or…