US v Meyer
O’CONNOR, Associate Justice (Ret).
Mark Lou Meyer appeals the district court’s revocation of his probation. Because the district court’s factual findings on the two grounds on which it justified revoking Meyer’s probation were not clearly erroneous, we affirm the judgment below.
I.
On January 22, 2004, Mark Lou Meyer was indicted for being an unlawful drug user in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3). After Meyer pleaded guilty to this charge, the district court sentenced him to a term of three years’ probation on September 2, 2004. As relevant to this appeal, Meyer’s probation came with two conditions. First, Meyer was prohibited from possessing or using unlawful drugs. Second, Meyer was prohibited from leaving Iowa’s Northern District without first obtaining permission from a probation officer or the court.
While he was on probation, Meyer participated in two distinct methods of drug testing. Under the first method, a probation officer affixed sweat patches to Meyer’s skin to monitor whether he was using illegal drugs. The sweat patch technology at issue here is a relatively novel drug testing device. The sweat patch, which is “marketed by PharmChem, Inc., is composed of an absorbent pad and an outer membrane. After the skin is cleaned with alcohol, the patch is applied to the wearer[ ], and the absorbent pad collects the wearer’s sweat, over a period of a week or more.” United States v. Bentham, 414 F.Supp.2d 472, 473 (S.D.N.Y.2006). “The [wearer]’s


