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U.S. v. BEGAY

No. 10-2068.

631 F.3d 1168 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Toby BEGAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 7, 2011.

Attorney(s) appearing for the Case

Joseph W. Gandert , Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Shana B. Pennington , Assistant United States Attorney, ( Kenneth J. Gonzales , United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, MURPHY and MATHESON, Circuit Judges.

BRISCOE, Chief Judge.

Defendant/Appellant Toby Begay, a convicted sex offender, appeals the district court's modification of the conditions of his supervised release to include clinical polygraph testing. Title 18 U.S.C. § 3583(e)(2) sets forth the conditions and procedures under which a district court may modify conditions of supervised release. Begay argues that a district court does not have authority to modify conditions of supervised release pursuant to...

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