Antelope

BACKGROUND

The course of events leading to this appeal began when Lawrence Antelope joined an Internet site advertising “Pret- een Nude Sex Pics” and started corresponding with someone who, unbeknownst to Antelope, was an undercover law enforcement agent. The sting operation proved fruitful when Antelope ordered a child pornography video over the Internet. Federal agents arranged a controlled delivery, delivered the video, and then promptly arrested Antelope.

Caught red-handed, Antelope pleaded guilty to possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and was initially sentenced to five years probation. One of the probation terms required Antelope to participate in the Sexual Abuse Behavior Evaluation and Recovery program (“SABER”), which would subject him to mandatory “periodic and random polygraph examinations.” At sentencing, Ante- lope raised a Fifth Amendment challenge to this requirement, but was told by the district judge that the “use of that informa- 1156 UNITED STATES v. ANTELOPE tion . . . is, I think, subject to the privilege between the coun- selor and the patient.” Antelope was also prohibited from “possess[ing] any…