Mullen

MEMORANDUM **

Defendant Keith Mullen (“Mullen”) appeals his conviction, sentence, and conditions of supervised release imposed following his conditional guilty plea to possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). We affirm. Because the parties are familiar with the facts of the case, we do not recite them here.

I.

“A defendant’s waiver of his appellate rights is enforceable if (1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.” United States v. Jeronimo, 398 F.3d 1149, 1153 (9th Cir.2005). The plea agreement required Mullen to give up the right to appeal his sentence, but only if the court determined the offense level to be 22 or below. Because the total offense level was 25, Mullen may appeal both his sentence and the term of his supervised release as a part of the sentence. See United States v. Cope, 527 F.3d 944, 950-951 (9th Cir.2008).

Mullen’s right to appeal certain conditions of his supervised release, however, existed independently of his sentencing waiver. See id. at 950 (noting that the term of supervised release was a part of sentencing such that…