Pugliese

MEMORANDUM ***

Defendant Ivar Pugliese appeals his custodial sentence, his supervised release term and the district court’s restitution order. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, and vacate and remand in part.

Because Pugliese made a knowing and voluntary waiver of his right to appeal his custodial sentence, it is not subject to review. See United States v. Michlin, 34 F.3d 896, 898 (9th Cir.1994).

Because Defendant failed to challenge his term of supervised release in the district court, we review it for plain error. See Fed.R.Civ.P. 52(b); United States v. Olano, 507 U.S. 725, 731-32 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993). Defendant’s sentence for committing mail fraud in violation of 18 U.S.C. § 1341 included a supervised release term of five years. The maximum custodial sentence for violating 18 U.S.C. § 1341 is generally five years, but if the offense affected a financial institution the maximum is thirty years. See 18 U.S.C. § 1341 . An offense subject to a maximum custodial sentence of five years is a Class D felony, see 18 U.S.C. § 3559 (a)(4), for which the maximum period of supervised release is three years, see 18 U.S.C. § 3583…