United States v. Charles Fleck

MEMORANDUM

Defendant-Appellant Charles J. Fleck (“Fleck”) appeals the district court’s denial of his motion to modify the conditions of his probation so that he may travel to Canada for work, as well as the court’s additional requirement that Fleck surrender his passport and file a new financial affidavit. We affirm.

Fleck’s motion provided only cursory assertions that his employer “builds paint booths in the United States and Canada” and sought the generic ability to “travel to Canada for employment purposes,” without further elaboration. The court reasonably expressed concern that the motion contained no information regarding proposed dates of travel, length of absences, or a proposed plan for monitoring Fleck while he was out of the country. Without more specific details about the proposed travel or verification from the employer that such travel was actually necessary, it was not an abuse of discretion for the district court to deny the motion. See United States v. Garcia, 522 F.3d 855, 860 (9th Cir.2008) (noting that this court reviews supervised release conditions for an abuse of discretion).

The record as a whole adequately reflects that the district court considered the…