United States of America v. Neil R. Brown

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NEIL R. BROWN,
Defendant - Appellant.
No. 10-10187
D.C. No. 2:00-cr-00434-GEH
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, District Judge, Presiding
Submitted February 15, 2010 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Neil R. Brown appeals from the district court’s order denying his request for
early termination of supervised release pursuant to 18 U.S.C. § 3583(e). We have
jurisdiction under 28 U.S.C. § 1291, and we dismiss.
FILED
FEB 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-10187 2
Brown contends that the district court erred when it denied his request for
early termination of supervised release. The valid and enforceable appeal waiver
set forth in the plea agreement precludes our review of this issue. See United
States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007); see also United States v.
Cope, 527 F.3d 944, 950 (9th Cir. 2008) (length of term of supervised release is
part of the sentence). We therefore enforce the waiver and dismiss the appeal.
DISMISSED.

-- 2 of 2 --