United States v. Jonathan Sudduth

MEMORANDUM

In connection with his participation on a child pornography message board, Jona than Sudduth pled guilty to conspiracy to advertise child pornography. As part of his plea agreement, Sudduth expressly waived his right to appeal his conviction and the calculation and terms of his sentence. Because Sudduth does not contest that his appellate waiver was knowingly and voluntarily made, the waiver bars Sud-duth’s appeal of the district court’s denial of his motions to withdraw his plea and to substitute counsel, and it bars his appeal of the calculation and reasonableness of his 22-year sentence. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir.2011); United States v. Rahman, 642 F.3d 1257, 1259 (9th Cir.2011).

Sudduth also frames in constitutional terms challenges to his sentence on disparity grounds and to the breadth of the supervised release conditions. While this Court has jurisdiction to consider claims of constitutional error notwithstanding the existence of an appellate waiver, United States v. Odachyan, 749 F.3d 798, 801 (9th Cir.2014), the district court did not err here. The district court had good reasons to treat Sudduth differently from other…