Ramirez-Franco

United States v. Ramirez-Franco

Good Law
149 F. App'x 679
United States Court of Appeals for the Ninth CircuitSeptember 21, 2005No. 04-50036; D.C. No. CR-03-00466-RCalifornia396 words

Opinion

Lead Opinion

ORDER and MEMORANDUM **

The petition for panel rehearing is granted. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.App. P. 35. The petition for rehearing en banc is denied.

The Memorandum Disposition filed on January 26, 2005, is WITHDRAWN and replaced with the following Memorandum Disposition:

Jose Guadalupe Ramirez-Franco appeals his 77-month sentence imposed following his guilty plea for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, vacate in part, and remand.

Ramirez-Franco contends that the district court erred in imposing certain special conditions on his supervised release because the need for such conditions is not supported by the record. Because Ramirez-Franco did not object below, we review for plain error. See United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001). We reject Ramirez-Franco’s challenge to the condition that he abstain from abusing prescription medications during his period of supervised release, and affirm…

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