United States v. Richard Davis

MEMORANDUM

Richard Davis appeals from the sentence — 180 months in prison and supervised release for life — imposed following his guilty plea to one count of transporting child pornography in violation of 18 U.S.C. § 2252A(a)(l). Davis argues that the district court erred in imposing a lifetime sentence, in sentencing him to treatment that could include plethysmograph testing and ABEL Assessment, and in delegating the decision of whether to require physiological testing to the probation officer by directing the officer to select a sex offender treatment program for Davis to attend. We have jurisdiction under 28 U.S.C. § 1291 . We affirm and remand to the district court to correct the written judgment to comport with the oral pronouncement of the sentence.

Whether a defendant has waived the right to appeal is a question of law reviewed de novo. United States v. Watson, 582 F.3d 974, 981 (9th Cir.2009). In his plea agreement, Davis waived “any right to appeal the ... sentence” imposed upon him, including the terms of supervised release. See id. at 986 (reference to “ ‘any aspect of the sentence’ unambiguously encompasse[s] supervised release terms”).

In arguing that he may…