U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Thomas Rees

United States v. Thomas Rees
U.S. Court of Appeals for the Ninth Circuit · Decided October 3, 2011 · Hawkins, Silverman, Fletcher
451 F. App'x 651

United States v. Thomas Rees

Opinion

MEMORANDUM **

Thomas Vincent Rees appeals from the 60-month sentence imposed following his guilty-plea conviction for possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rees contends that the district court erred by denying his motion for a continuance of the sentencing hearing. Though he pleaded guilty pursuant to a plea agreement in which he waived his right to appeal any aspect of his sentence, Rees contends that the waiver is inapplicable because the district court’s denial of a continuance prevented it from considering, or having an adequate opportunity to consider, all of the evidence he submitted in favor of a lower sentence. The record reflects that the district court considered all of the evidence Rees submitted during sentencing. Rees’ appeal is thus barred by a valid appeal waiver. See United States v. Bibler, 495 F.3d 621, 624 (9th *652 Cir. 2007) (A valid appeal waiver will not apply if the sentence does not comport with the terms of the plea agreement or violates the law).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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