Benns

MEMORANDUM **

Robb T. Benns appeals from the sentence imposed following his guilty-plea conviction for counterfeit securities, device fraud, bank fraud, and aiding and abetting, all in violation of 18 U.S.C. §§ 513 (a), 1029(a)(2), 1344, and 2.

First, Benns challenges the district court’s failure to resolve his written objection to an alleged factual error in the presentence report (“PSR”) regarding seven of the aliases listed therein. See Fed. R. Crim. P. 32(i)(3)(B). Even if the district court erred under Rule 32(i)(3)(B) however, we reject the challenge because the disputed information did not affect the court’s sentence.

Second, Benns contends that the district court erred by including specifics about the drug testing supervised release condition in the written judgment that it did not pronounce at the sentencing hearing. We disagree. See United States v. Garcia, 37 F.3d 1359, 1368 (9th Cir.1994) (stating that a written judgment that simply clarifies an oral pronouncement is permissible), overruled in part on other grounds by United States v. Jackson, 167 F.3d 1280 (9th Cir. 1999).

Third, with regard to the supervised release condition in the written judgment requiring…