Adamic

United States v. Adamic

Good Law
137 F. App'x 937
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 04-10221; D.C. No. CR-02-00430-FCDCalifornia281 words

Opinion

Lead Opinion

MEMORANDUM **

James Edward Adamic appeals the 60-month sentence imposed following his guilty plea conviction for possession of matters containing depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252 (a)(4)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily); United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (holding that the changes in sentencing law imposed by United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), did not render waiver of appeal involuntary and unknowing). The waiver encompasses Adamic’s challenge to his conditions of supervised release. See United States v. Joyce, 357 F.3d 921, 923-24 (9th Cir.2004).

We reject Adamic’s contention that the government breached the plea agreement by either opposing or not affirmatively recommending a two-level downward adjustment for acceptance of responsibility. The plea agreement clearly and unambiguously provides that the government’s recommendation of…

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