United States v. Cyrus Sullivan

ORDER

On April 15, 2013 and pursuant to a signed plea agreement, Cyrus Sullivan knowingly and voluntarily pleaded guilty to making a threatening communication in violation of 18 U.S.C. § 875 (c) through use of electronic communications, including the Internet. We have examined the terms of Sullivan’s waiver of appeal and find that its scope is unambiguous and precludes an appeal of the challenged terms of supervised release:

Plea Agreement ¶ 12 (emphasis added); see also United States v. Joyce, 357 F.3d 921, 923-25 (9th Cir.2004) (plea agreement waiver of “any aspect of the sentence imposed in this case” included waiver of right to appeal special conditions of supervised release).

The only possible exception that may apply to Sullivan’s waiver of appeal is if the sentence is illegal because it “exceeds the permissible statutory penalty for the crime or violates the Constitution.” United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007). We have examined special conditions of supervised release 7 and 8 and conclude that they are not illegal. See United States v. Goddard, 587 F.3d 1087, 1089-90 (9th Cir.2008); United States v. Rearden, 349 F.3d 608, 620-21 (9th Cir.2003).…