United States v. Mitchell

MEMORANDUM **

Sidney Allen Mitchell appeals from the 72-month sentence imposed following his guilty-plea conviction for mail fraud, in violation of 18 U.S.C. § 1341 , and aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(l). We have jurisdiction under 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Mitchell contends that the district court erred in determining his criminal history category by: (1) not considering, or by unreasonably rejecting, his arguments in favor of a lower category; and (2) not adequately explaining its reasons for the selected criminal history score. We conclude that the district court did not err in determining Mitchell’s criminal history category. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

To the extent that Mitchell challenges the overall reasonableness of his sentence, this claim is barred by the valid appeal waiver in the plea agreement. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007).

Mitchell contends, for the first time on appeal, that the district court erred by imposing a condition of supervised release prohibiting him from using, possessing, or maintaining a cell…