United States of America v. Luis Archie Loreto

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUIS ARCHIE LORETO,
Defendant - Appellant.
No. 11-10060
D.C. No. 4:09-cr-01389-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Luis Archie Loreto appeals from a condition of supervised release imposed
following his guilty-plea conviction for possession with intent to distribute
marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(vii). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JAN 20 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10060 2
Loreto contends that the district court erred by imposing a special condition
of supervised release requiring him to submit, at the direction of his probation
officer, to a psychosexual evaluation, which may include a polygraph examination.
Loreto argues that the condition is not reasonably related to his conviction or his
history and characteristics. The district court did not abuse its discretion, as the
challenged condition is reasonably related to the goals of deterrence, protection of
the public, and rehabilitation; and does not involve a greater deprivation of liberty
than is reasonably necessary. See 18 U.S.C. § 3583(d); United States v. Rearden,
349 F.3d 608, 618 (9th Cir. 2003).
AFFIRMED.

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