McAlister

United States v. McAlister

Good Law
184 F. App'x 613
United States Court of Appeals for the Ninth CircuitJune 8, 2006No. 05-50793California314 words

Opinion

Lead Opinion

MEMORANDUM ***

David Charles McAlister pleaded guilty to importation of marijuana, 21 U.S.C. §§ 952 and 960, and was sentenced to eighteen months’ imprisonment and three years’ supervised release, subject to all standard and mandatory terms and conditions. McAlister argues on appeal that he lacked sufficient notice that drug testing would be a mandatory condition of his supervised release and that the condition was factually unjustified. Since McAlister did not raise these objections before the district court, we review them for plain error. United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001).

McAlister possessed sufficient notice that he would be subject to drug testing. McAlister’s drug testing condition is mandated by statute. 18 U.S.C. § 3583 (d). *615 The presentenee report expressly recommended that the district court not waive the required condition. The court adopted this recommendation at the sentencing hearing, holding that “all standard and mandatory terms and provisions [of supervised release] will apply.” Finally, McAlister demonstrated awareness of the mandatory supervised release conditions through his presentence objection to the DNA testing condition,…

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