United States v. Lacy ( 2021 )

Case: 20-61132 Document: 00515905290 Page: 1 Date Filed: 06/18/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-61132 June 18, 2021
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Mark Allen Lacy, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:20-CR-114-1
Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam*
Mark Allen Lacy, Jr., appeals the five-year sentence of probation
imposed following his guilty plea conviction for simple assault on a federal
officer. He raises arguments related to the substantive reasonableness of his
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-61132 Document: 00515905290 Page: 2 Date Filed: 06/18/2021
No. 20-61132
sentence. The Government moves to dismiss or, alternatively, for summary
affirmance based on the appeal waiver in Lacy’s plea agreement.
This court reviews the enforceability of an appeal waiver de novo.
United States v. Winchel, 896 F.3d 387, 388 (5th Cir. 2018). The record
reflects that Lacy’s appeal waiver was knowing and voluntary. See United
States v. McKinney, 406 F.3d 744, 746 n.2 (5th Cir. 2005). In addition, the
language of the appeal waiver forecloses challenges to Lacy’s sentence, and
he does not argue that the appeal waiver is inapplicable specifically because
his sentence exceeds the statutory maximum. See United States v. Bond, 414
F.3d 542, 544 (5th Cir. 2005); see also United States v. Barnes, 953 F.3d 383,
389 & n.10 (5th Cir.), cert. denied, 141 S. Ct. 438 (2020).
Accordingly, the Government’s motion to dismiss the appeal is
GRANTED, and its alternative motion for summary affirmance is
DENIED.
APPEAL DISMISSED.
2