United States of America v. Thomas Vincent Rees

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NOT FOR PUBLICATION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.
THOMAS VINCENT REES,
Defendant - Appellant.
No. 10-10364
D.C. No. 3:09-cr-00102-RCJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
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.
FILED
OCT 3 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10364 2
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 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.

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