Weber

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-50191 Plaintiff-Appellee, v.  D.C. No.

CR-03-00049-DDP

MATTHEW HENRY WEBER,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding

Argued and Submitted February 13, 2006—Pasadena, California

Filed June 20, 2006

Before: William C. Canby, Jr., John T. Noonan, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Berzon; Concurrence by Judge Noonan COUNSEL

Maria Stratton, Federal Public Defender, and Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, Cali- fornia, for defendant-appellant Matthew Henry Weber.

Debra Wong Yang, United States Attorney, Thomas P. O’Brien, Assistant United States Attorney, and Jennifer Cor- bet, Assistant United States Attorney, Los Angeles, Califor- nia, for plaintiff-appellee United States of America.

OPINION

BERZON, Circuit Judge:

Penile plethysmograph testing is a procedure that “involves placing a pressure-sensitive device around a man’s penis,…