United States of America v. Skyler James Fowler

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NOT FOR PUBLICATION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.
SKYLER JAMES FOWLER,
Defendant - Appellant.
No. 09-10457
D.C. No. 3:08-cr-00042-ECR
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, Jr., District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Skyler James Fowler appeals from the 46-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 dismiss.
FILED
OCT 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-10457 2
Fowler contends that the district court committed several procedural errors,
including failing to adequately explain why his sentence was not greater than
necessary, consider that he was a juvenile when some of his conduct occurred, take
into account the differences in adult versus juvenile punishments, and consider that
the child pornography Sentencing Guidelines are not entitled to deference. Fowler
also appears to contend that his sentence is substantively unreasonable. The
claimed errors are barred by Fowler’s appeal waiver set forth in his plea
agreement. See United States v. Baramdyka, 95 F.3d 840, 843 (9th Cir. 1996).
Contrary to Fowler’s contention, the district court’s comments explaining the
appeals process did not invalidate his waiver. See United States v. Watson, 582
F.3d 974, 987-88 (9th Cir. 2009). We therefore enforce the waiver and dismiss the
appeal.
DISMISSED.

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