Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the District of Hawaii. D.C. No. 1:12-cr-01251-LEK. Leslie E. Kobayashi, District Judge, Presiding.
For UNITED STATES OF AMERICA, Plaintiff - Appellee: Cynthia W. Lie, Assistant U.S. Attorney, USH - OFFICE OF THE U.S. ATTORNEY, Honolulu, HI.
For FELIX OLI TIGILAU, Defendant - Appellant: Salina Kanai Althof, Assistant Federal Public Defender, Peter C. Wolff, Jr., Federal Public Defender, FPDHI - FEDERAL PUBLIC DEFENDER'S OFFICE (HONOLULU), Honolulu, HI.
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Felix Oli Tigilau appeals from the district court's judgment and challenges a condition of supervised release imposed following his guilty-plea conviction for bank fraud, in violation of 18 U.S.C. § 1344; and impersonation of a federal officer, in violation of 18 U.S.C. § 912. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Tigilau contends that the district court erred by imposing Special Condition of Supervision 1, which requires that he " participate in a mental health assessment and any recommended treatment at the discretion and direction of the Probation Office." We review the district court's imposition of conditions of supervised release for abuse of discretion. United States v. Stoterau, 524 F.3d 988, 1002 (9th Cir. 2008). Contrary to Tigilau's contention, Special Condition of Supervision 1 is supported by the record, which reflects that Tigilau himself stated that he had been diagnosed with a mental disorder. See United States v. Lopez, 258 F.3d 1053, 1057 (9th Cir. 2001). Moreover, even if Tigilau is correct that the challenged condition implicates a significant liberty interest and requires heightened findings, see Stoterau, 524 F.3d at 1005-06, the district court stated its reasons for imposing the condition here.
AFFIRMED.