FILED
NOT FOR PUBLICATION JUL 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-10222
Plaintiff - Appellee, D.C. No. 3:00-cr-00274-CRB
v.
MEMORANDUM *
YACOV YIDA,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 08-10222