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?

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