SILER, Circuit Judge.
Defendant Solomon Julius Carpenter was sentenced to a thirteen-month prison term followed by a two-year term of supervised release for failing to appear for sentencing in violation of 18 U.S.C. § 3146(a)(1). One of the conditions of his supervised release requires him to participate in a program of both drug testing and treatment, as directed by his probation officer. Carpenter contends that this condition is an impermissible delegation of judicial authority. We conclude that the
Carpenter pled guilty to the charge of failing to appear for sentencing in violation of 18 U.S.C. § 3146(a)(1). The district court sentenced him to thirteen months' imprisonment and two years of supervised release. At the sentencing hearing, the court did not orally pronounce the conditions of supervision, and Carpenter's counsel raised no objection to the imposed sentence. On the same day, in a written judgment, the district court outlined the conditions of supervised release. Special Condition Number 1 provides:
Carpenter challenges the imposition of this special condition.
The United States urges us to apply a plain error standard because Carpenter did not object to Special Condition Number 1 at his sentencing hearing. See Fed.R.Crim.P. 52(b); United States v. Gunter, 620 F.3d 642, 645 (6th Cir.2010).
Carpenter asks that we determine what decisions regarding drug testing and drug treatment may be delegated by the district court to a probation officer. In an analogous case, we answered this question. See United States v. Logins, No. 11-2514, ___ Fed.Appx. ___, ___, ___ - ___ 2012 WL 5278589, at *1, *1-2, 2012 U.S.App. LEXIS 22299, at *1, *3-4 (6th Cir. Oct. 26, 2012) (unpublished). Logins appealed a special condition identical to the one issued to Carpenter:
Id. at ___, 2012 WL 5278589, at *6-7, 2012 U.S.App. LEXIS 22299, at *18 (footnote and citation omitted). We apply our holding in Logins to the facts of the instant case.
Carpenter wrongly contends that Special Condition Number 1 gave the probation officer the authority to determine whether a drug treatment program would be imposed, and that the district court impermissibly delegated its authority to the probation officer to determine how many drug tests would be required. The condition clearly specifies that Carpenter shall participate in a drug treatment program as a condition of his supervised release. The "as directed by the probation officer" language does not yield to the probation officer authority to determine whether Carpenter must participate in a treatment program because the district court decided that Carpenter "shall participate." See Logins, ___ Fed.Appx. at ___, 2012 WL 5278589, at *7, 2012 U.S.App. LEXIS 22299, at *21; United States v. Mosher, Nos. 12-1141, 12-1143, ___ Fed.Appx. ___, ___ - ___, 2012 WL 3241640, at *5-6, 2012 U.S.App. LEXIS 16813, at *13-17 (6th Cir. Aug. 9, 2012) (unpublished) (applying similar reasoning to a condition concerning mental health treatment); United States v. Faulk, 181 Fed.Appx. 882, 883-84 (11th Cir.2006) (unpublished) (holding that it was not plain error to impose the following condition: "[Y]ou will be required to participate in a program of mental health counseling and treatment as directed by the supervising U.S. Probation Officer."); United States v. Zinn, 321 F.3d 1084, 1086, 1089 n. 5 (11th Cir.2003) (holding that it was not plain error to impose the following condition: "You shall participate in a program of mental health treatment including a sexual offender treatment program approved by the probation officer."). Thus, there was no delegation of Article III judicial power regarding the primary decision of whether Carpenter would undergo treatment and whether the treatment would include drug testing.
That leaves the subordinate, statutory issue of whether the district court erred in failing to specify the number of in-treatment drug tests. In their arguments, the parties conflate the requirement imposed upon the district court for specifying the maximum number of non-treatment drug tests, see USSG § 5D1.3(a)(4), as compared to in-treatment drug tests, see USSG § 5D1.3(d). Here, the district court complied with its responsibility under the Guidelines. See Logins, ___ Fed.Appx. at ___, 2012 WL 5278589, at *5, 2012 U.S.App. LEXIS 22299, at *14. Congress has not required that the courts set a maximum number of in-treatment tests where the court imposes a special condition for non-mandatory substance abuse testing under USSG § 5D1.3(d). See, e.g., United States v. Melendez-Santana, 353 F.3d 93, 103 (1st Cir.2003). The requirement of 18 U.S.C. § 3563(b)(9), incorporated by reference into § 3583(d), that the drug treatment be specified "by the court," does not require the district court itself to specify the details
Here, the district court imposed drug testing in connection with a special condition of substance abuse program participation, and was therefore not required to specify the number of drug tests Carpenter must undergo as a part of the treatment program. Furthermore, the court did not impermissibly delegate its authority to the probation officer.
AFFIRMED.