Belman
United States v. Belman
Opinion
Lead Opinion
MEMORANDUM **
Ismael Belman appeals from the sentence imposed following his guilty-plea conviction for making a false statement in a passport application, in violation of 18 U.S.C. § 1542 , and 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 reject Belman’s contention that 8 U.S.C. § 1326 (b) is unconstitutional. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006). We also reject the contention that the district court abused its discretion by imposing as a condition of supervised release a requirement that he report to his probation officer within 72 hours of entering the United States. See United States v. Rodriguez-Rodriguez, 441 F.3d 767, 772-73 (9th Cir. 2006).
Belman contends that the condition of supervised release requiring him to submit to polygraph testing is unconstitutional. Because this condition must be construed as permitting Belman to retain his Fifth Amendment rights during any polygraph testing, this contention is unpersuasive. See United States v. Weber, 451 F.3d 552 , 568 n. 17 (9th Cir.2006).