Reyes

MEMORANDUM *

Defendant-Appellant Thomas Romero Reyes (“Reyes”) pled guilty to making a false statement in a bankruptcy proceeding in violation of 18 U.S.C. § 152 (3). Reyes challenges the district court’s two-point enhancement of his sentence for obstruction of justice pursuant to the United States Sentencing Guidelines (“U.S.S.G.”) under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). Reyes also challenges the district court’s imposition of a condition of supervised release that requires him to submit his “person and property to search and seizure at any time of the day or night by any law enforcement officer with or without a warrant.”

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacated submission pending the United States Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Although Reyes has been released from prison, because he challenges the district court’s imposition of a special condition of supervised release, Reyes’ appeal is not moot. See United States v. Radmall, 340 F.3d 798 , 800 n. 3 (9th Cir.2003). We vacate the district court’s imposition of the special condition of…