Baird

MEMORANDUM *

As the government acknowledged in its 28(j) letter, United States v. Cope, 506 F.3d 908, 914-15 (9th Cir.2007), directs the conclusion that Baird did not waive his right to challenge the length of his term of supervised release.

On the merits, we conclude that the district court did not abuse its discretion in imposing a life term of supervised release, for three reasons. First, Baird is a recidivist. The district court reasonably concluded that a life term of supervised release was necessary to forestall the possibility that Baird would offend again. Second, the Guidelines recommend a life term of supervised release for those, like Baird, who violate 18 U.S.C. § 2252A. See 18 U.S.C. § 3583 (k); U.S.S.G. § 5D1.2(b) (policy statement) & cmt. n. 1. Third, in Cope, 506 F.3d at 915-16 , we upheld a life term of supervised release for a defendant similarly situated to Baird. In sum, Baird’s life term of supervised release is not unreasonable and the district court did not abuse its discretion in imposing it. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007).

Baird contends that his GPS monitoring condition is not reasonably related to the…