Chilcote

MEMORANDUM **

Ronald Gene Chilcote was sentenced to 77 months’ imprisonment and a three-year term of supervised release for being a felon in possession of a firearm. We affirmed on direct appeal. United States v. Chilcote, 5 Fed.Appx. 744 , 2001 WL 246062 (9th Cir.2001) (unpublished decision). Chilcote then brought a 28 U.S.C. § 2255 petition alleging that the district court violated his plea agreement by sentencing him to a 86-month term of supervised release to which he did not agree in his Federal Rule of Criminal Procedure 11(e)(1)(C) 1 plea agreement. The district court denied that petition. Chilcote appealed the denial of that petition, and we denied him a certificate of appealability.

Chilcote then filed in the district court a motion styled “Motion for Specific Performance of Rule 11(e)(1)(C) Plea Agreement and Vacation of Supervised Release Term” which raised the identical argument raised in his previous § 2255 petition— that the district court breached the plea agreement by imposing a term of supervised release. 2 Had Chilcote styled this motion as a § 2255 petition, it clearly would have been barred by the rule regarding successive § 2255 petitions. And, unfortunately…