Weber

MEMORANDUM *

Matthew Henry Weber appeals the district court’s imposition of several conditions of his supervised release. 1 Because Weber raises all the challenges addressed in this memorandum disposition for the first time on appeal, our review is for plain error. See United States v. Rearden, 349 F.3d 608, 618 (9th Cir.2003).

1. Weber’s contention that the supervised release condition requiring him to submit to polygraph testing as part of his participation in a sex offender treatment program violates his Fifth Amendment right against self-incrimination 2 is foreclosed by our recent decision in United States v. Antelope, 395 F.3d 1128 (9th Cir. 2005). Antelope held that a defendant retains his right against self-incrimination during the required polygraph testing and can refuse to answer any incriminating questions unless he is granted use-and-derivative-use immunity under Kastigar v. United States, 406 U.S. 441 , 92 S.Ct. 1653 , 32 L.Ed.2d 212 (1972). Antelope, 395 F.3d at 1141 & n. 5. The decision in Antelope therefore requires that supervised release conditions mandating polygraph testing be construed to retain a defendant’s Fifth Amendment right. As Weber thus retains the…