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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 00-20872
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM KENNETH PEEBLES,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
_________________________________________________________________
June 21, 2002
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, HIGGINBOTHAM and PARKER, Circuit Judges.
BY THE COURT:
The Supreme Court of the United States, by order in No. 01-
1058, William Kenneth Peebles v. United States, granted appellant's
petition for a writ of certiorari, vacated the judgment in the
case, and remanded it to us for further consideration in the light
of Ashcroft v. Free Speech Coalition, 535 U.S. ___ (2002).
IT IS ORDERED that the captioned case be and it is hereby
remanded to the United States District Court for the Southern
District of Texas for further proceedings and disposition
consistent with the aforesaid order of the Supreme Court.

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 00-20872
Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM KENNETH PEEBLES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-3-1

No. 00-20872
-3-
--------------------
October 16, 2001
Before JOLLY, HIGGINBOTHAM and PARKER, Circuit Judges.
PER CURIAM:*
William Kenneth Peebles appeals his conditional guilty-plea
conviction and sentence for possession of child pornography.
In accordance with the reservation of rights in his plea
agreement, Peebles contends that the definition of "child
pornography" in the Child Pornography Protection Act (CPPA) is
unconstitutionally overbroad and vague because it includes any
visual depiction that "appears to be, of a minor engaging in
sexually explicit conduct." 18 U.S.C. § 2256(8)(B) (emphasis
added). Peebles concedes that this argument is foreclosed by
United States v. Fox, 248 F.3d 394, 403-07 (5th Cir. 2001), which
held the definition not to be overbroad or vague. Peebles raises
the issue only to preserve it for possible Supreme Court review.
Peebles contends there is no factual basis for his plea
because the record does not establish that the pornographic images
were "transported in interstate or foreign commerce." See 18
U.S.C. § 2252A(a)(2). The factual basis written into the plea
* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.

No. 00-20872
-4-
agreement and established at the plea hearing showed that Peebles
downloaded the images onto a computer and through a network server
that transmitted the images across state lines. The district court
complied with Rule 11(f) by "making such inquiry as [satisfied] it
that there is a factual basis for the plea." Fed. R. Crim. P.
11(f).
Peebles challenges the special condition of supervised release
that requires him to register as a sex offender in accordance with
state law. Peebles validly waived any appeal of his sentence
except for an upward departure from the guidelines. See Fed. R.
Crim. P. 11(c)(6); see United States v. Robinson, 187 F.3d 516, 518
(5th Cir. 1999). The district court was required by 18 U.S.C.
§ 3583(d) to make sex-offender registration a condition of
Peebles's supervised release. Therefore the requirement was not an
"upward departure," and Peebles therefore waived his right to
appeal it.
The conviction and sentence are AFFIRMED.