Brimm

MEMORANDUM **

In these consolidated appeals, Troy Douglas Brimm challenges the conditions of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We dismiss Appeal No. 08-10008 and affirm Appeal No. 08-10023.

We dismiss Appeal No. 08-10008, because Brimm validly waived his right to appeal any matter in connection with his prosecution and sentence, including the district court’s imposition of special conditions of supervised release. See United States v. Joyce, 357 F.3d 921, 923-25 (9th Cir.2004).

With regard to Appeal No. 08-10023, we reject the government’s contention that Brimm waived his right to appeal the conditions of his supervised release in his plea agreement because it is unclear whether his waiver of “any right to appeal his sentence” in the plea agreement includes challenging the conditions of his supervised release. We resolve this ambiguity in favor of the defendant, see United States v. Franco-Lopez, 312 F.3d 984, 989 (9th Cir.2002), and hold we have jurisdiction to entertain Brimm’s appeal.

We also reject the government’s contention that Brimm waived the right to appeal the conditions of his supervised release because he waited until…