Grennan

MEMORANDUM *

Paul Dwyer Grennan appeals the sentence imposed following his conviction for enticing a minor to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422 (b). He contends that the district court erred when it imposed certain special conditions of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand.

Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

We affirm the condition of supervised release requiring Grennan to submit to polygraph testing. The condition is not unconstitutional because we construe it as permitting Grennan to retain his Fifth Amendment rights during any polygraph testing performed under the condition. See United States v. Antelope, 395 F.3d 1128, 1133-41 (9th Cir.2005).

We also affirm the special condition prohibiting Grennan from possessing any materials depicting or describing “sexually explicit conduct,” as defined in 18 U.S.C. § 2256 (2). We have previously determined that the definition of “sexually explicit conduct” in § 2256(2) is neither impermissibly vague nor overly broad. See United States v.…