No. 21–1973

UNITED STATES OF AMERICA,

Appellee,

v.

JASON D. BOUDREAU,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

[Hon. John J. McConnell, Jr., U.S. District Judge]

Before

Barron, Chief Judge, Lynch, Circuit Judge, and Kelley, District Judge.*

Jeremy A. Pratt, with whom Jason D. Boudreau, pro se, was on supplemental brief, for appellant. Lauren S. Zurier, Assistant United States Attorney, with whom Zachary A. Cunha, United States Attorney, was on brief, for appellee.

January 24, 2023

* Of the District of Massachusetts, sitting by designation. KELLEY, District Judge. Jason D. Boudreau (“Boudreau”) was indicted on 34 child pornography possession charges in the District of Rhode Island. Boudreau and the government reached a plea agreement under which he pled guilty to Counts 19 and 34 of the indictment, and the government dismissed the remaining 32 charges. In entering this plea agreement, Boudreau agreed to waive his rights to appeal his conviction and sentence. Despite executing this waiver, Boudreau now appeals various aspects of the proceedings below, including the calculation of the Sentencing Guidelines and the conditions of his life term of supervised release. Because Boudreau's waiver of appeal is valid and enforceable, we dismiss his appeal.

I. FACTUAL & PROCEDURAL BACKGROUND

We begin with a review of Boudreau's criminal history. In 2009, Boudreau pleaded nolo contendere to a charge of simple assault of an 11-year-old girl in Rhode Island state court. Although the charge was “simple assault,” the facts underlying this conviction indicate that the crime was sexual in nature: Boudreau placed the child on his lap, unbuckled her belt, kissed her lips, and tried to place his tongue in her mouth. This conviction was originally “filed,” with no punishment imposed, but was converted to a term of probation in 2010 after Boudreau failed to appear in court.

- 2 - In 2012, Boudreau pleaded nolo contendere to a charge of second-degree child molestation of a seven-year-old family member in Rhode Island state court. This offense involved kissing and feeling the child's intimate parts over her underwear. The court sentenced Boudreau to eight years, two to be served in prison and six to be served on probation as a suspended sentence.

In 2014, Boudreau pleaded nolo contendere to a charge of possession of child pornography in Rhode Island state court. The court sentenced him to a five-year suspended sentence with five years of probation.

We now turn to the facts of this case. In March 2015, a person using an IP address associated with Boudreau's residence uploaded a video of child pornography to a website called SendVid.com. The National Center for Missing and Exploited Children alerted Rhode Island authorities to the upload of this video in April 2015. Rhode Island authorities received information from Verizon connecting Boudreau's residential address to the video in September 2015. In November 2015, authorities executed a search warrant at Boudreau's residence and seized electronic devices, including cell phones. Boudreau acknowledged ownership of these devices at the time of the search.

Analysis of Boudreau's cell phone indicated that between August and November 2015, the phone had accessed 617 images of child pornography. T