United States v. Sanchez ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50889
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER SANCHEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-01-CR-36-12-S
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September 20, 2002
Before DUHÉ, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:1
Javier Sanchez appeals his guilty plea conviction for aiding
and abetting possession with intent to distribute marihuana. He
argues that the district court violated FED. R. CRIM. P. 11 by
failing to fully inform him regarding the effect of supervised
release.
As part of his plea agreement, Sanchez waived his right to
appeal “any aspect of the conviction and sentence” with the
1
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that this opinion should not be published and is not precedent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.
exception of certain ineffective assistance and prosecutorial
misconduct claims. Sanchez has not challenged the validity of this
waiver, and the record reveals that he knowingly and voluntarily
agreed to this provision. See United States v. Portillo, 18 F.3d
290, 292 (5th Cir. 1994). Because this appeal is in contravention
of the waiver of appeal provision, it is dismissed. See United
States v. Melancon, 972 F.2d 566, 568 (5th Cir. 1992).
APPEAL DISMISSED.
2