Leyva-Corral

United States v. Leyva-Corral

Good Law
206 F. App'x 725
United States Court of Appeals for the Ninth CircuitNovember 14, 2006No. 05-30390California267 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Alberto Leyva-Corral appeals from his sentence for conspiracy to distribute methamphetamine, challenging two of the conditions of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Leyva-Corral first contends that the district court imposed a condition of supervised release that impermissibly permits the probation officer to decide how many drug tests he must take during his supervised release. We conclude that, even assuming there was error, the drug test condition does not rise to the level of plain error because it neither affects substantial rights nor impugns the fairness, integrity or public confidence of the public proceedings as a whole. See United States v. Maciel-Vasquez, 458 F.3d 994, 996 (9th Cir.2006).

Leyva-Corral also contends that it was impermissible for the district court to impose a condition of supervised release that requires him to disclose financial information upon request. We disagree and conclude that the condition is reasonably related to the need to protect the public and deter future crimes and also is reasonably related to the nature and circumstances of the offense and the history and…

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