United States v. Anthony Terry, 692 F. App'x 318

Anthony Terry pleaded guilty to two counts of attempting to receive child pornography in violation of 18 U.S.C. § 2252(a)(2).
The district court applied a five-level distribution enhancement under U.S.S.G. § 2G2.2(b)(3)(B) when calculating the Guidelines and sentenced Terry to concurrent 180-month terms.
The court imposed multiple long-term special supervised-release conditions restricting contact with minors, Internet/electronic device use, social-networking accounts, and permitting third-party disclosure of his criminal history to potential employers.
Terry had waived his appellate rights in the plea agreement, but argued the waiver should not bar review because enforcing the waiver here would be a miscarriage of justice.
Terry also stipulated in the plea agreement to the facts supporting the distribution enhancement and the agreed Guidelines calculations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Enforceability of appeal waiver as to supervised-release conditions	Waiver unenforceable because imposing these conditions (and lack of individualized assessment) would be a miscarriage of justice	Waiver bars challenge; district court acted within its broad § 3583(d) discretion and relied on plea-agreement facts	Waiver enforces; appeal barred. Andis controls—no miscarriage of justice.
Validity of distribution enhancement under U.S.S.G. § 2G2.2(b)(3)(B)	Enhancement unsupported by record; Terry lacked intent to distribute	Terry stipulated to the enhancement and agreed the plea facts supported the Guidelines; explicit waiver of challenge	Challenge barred by plea stipulation and waiver; enhancement stands.

United States v. Andis, 333 F.3d 886 (8th Cir. 2003) (appeal waiver enforcement upheld; supervised-release conditions reviewed under broad district court discretion)
United States v. Nguyen, 46 F.3d 781 (8th Cir. 1995) (a defendant who voluntarily accepts a specific sentence by plea may not appeal that punishment)