Gutierrez-Hernandez

MEMORANDUM **

Filiberto Gutierrez-Hernandez appeals from the sentence imposed after his guilty-plea conviction for unlawful re-entry into 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 and remand.

*652 Gutierrez-Hernandez contends that the district court’s imposition of a supervised release condition that requires him to report to his probation officer within 72 hours after re-entry into the United States violates the Fifth Amendment. This contention is foreclosed. See United States v. Rodriguez-Rodriguez, 441 F.3d 767, 772-73 (9th Cir.2006) (holding that the imposition of this supervised release condition does not violate the Fifth Amendment privilege against self-incrimination because the reporting requirement did not compel an admission of criminal activity).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. 2000), we remand the case to the district court with instructions that it delete from the judgment the incorrect reference to § 1326(b)(2). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to delete the…