United States v. Yacov Yida

444 F. App'x 965

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 22, 2011
• Docket: 08-10222
• Status: Unpublished

Opinion

MEMORANDUM **

Yacov Yida appeals from his jury-trial conviction and 121-month sentence for conspiracy to import MDMA, in violation of 21 U.S.C. § 963; importation of MDMA, in violation of 21 U.S.C. § 952; and smuggling, in violation of 18 U.S.C. § 545. We affirm.

Yida contends the case should be remanded with instructions to delete from the written judgment the condition that Yida “submit to one drug test within 15 days of release from imprisonment and two periodic drug tests thereafter” because he was not orally advised of the condition at sentencing. We disagree. The imposition of this statutorily-mandated condition of supervised release is deemed to be implicit in an oral sentence imposing supervised release, and therefore the condition was properly included in the written judgment. See United States v. Napier, 463 F.3d 1040, 1042-43 (9th Cir.2006).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.