Anaya

MEMORANDUM ***

A jury found Moisés Anaya guilty of one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and one count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). The district court subse *581 quently sentenced Anaya to time already served for both counts (392 days), followed by two years of supervised release. 1 As one condition of his supervised release, Anaya was ordered to “cooperate as directed in the collection of a DNA sample,” pursuant to the DNA Analysis Backlog Elimination Act of 2000 (“DNA Act”). See 42 U.S.C. § 14135a (2000). On appeal, Anaya challenges the constitutionality of the DNA Act, arguing that the statute violates the Fourth Amendment, the Fifth Amendment, and the Commerce Clause. We review challenges to the constitutionality of a statute de novo, see United States v. Serang, 156 F.3d 910, 913 (9th Cir.1998), and affirm the district court.

Anaya’s appeal is directly controlled by United States v. Reynard, 473 F.3d 1008 (9th Cir.2007). There, we squarely rejected the same three constitutional challenges to the DNA Act that Anaya raises here.

First, Reynard held that consideration…