Whether a special condition of supervised release that is not authorized by statute constitutes a sentence beyond the statutory maximum, and is therefore outside the scope of an appeal waiver

QUESTION PRESENTED The district court imposed a special condition of supervised release that the defendant abstain from the use of alcoholic beverages, not associate with persons using alcoholic beverages, and not use medicine containing alcohol without a prescription or probation officer’s approval. The defendant signed a plea agreement waiving appeal except for a sentence above the statutory maximum. Is the imposition of a special condition of supervised release, which is not permitted by statutory authority, a sentence above the statutory maximum and is therefore outside the scope of an appeal waiver? ii STATEMENT OF RELATED CASES Counsel is unaware of any proceedings directly related to the case in this Court.