United States v. Jimi Aday

MEMORANDUM

Jimi Aday (“Aday”) appeals the district court’s sentence — 20 years in prison followed by a lifetime term of supervised release with sex offender treatment — following Aday’s guilty plea to attempted aggravated sexual abuse in violation of 18 U.S.C. §§ 1153 , 2241(a), and 2246. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The appellate waiver in Aday’s plea agreement is unenforceable because the conditions of supervised release imposed by the district court are inconsistent with the terms of his plea agreement. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007). Nonetheless, Aday’s contentions are unpersuasive.

First, the district court did not err in sentencing Aday to a lifetime term of supervised release. The district court reasonably found — because of the nature and severity of the offense, the need to protect the community, and the need to treat possible sexually deviant behaviors — that lifetime supervised release was appropriate. In fact, the district court here provided a more expansive explanation of its sentence than did the district court in United States v. Cope, 527 F.3d 944 (9th Cir.2008)— where this court upheld a…