United States v. Jerome Steve ( 2019 )

Case: 19-60209 Document: 00515199734 Page: 1 Date Filed: 11/14/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-60209 November 14, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JEROME VINCENT STEVE,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:18-CR-106-1
Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Jerome Vincent Steve appeals his above-guidelines sentence after
pleading guilty, pursuant to a written plea agreement, to second degree
murder. Steve challenges the sentence as procedurally unreasonable on the
ground that the district court erroneously imposed various upward departures.
Seeking to enforce the appeal waiver, the Government moves to dismiss the
appeal and alternatively moves for summary affirmance.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 19-60209 Document: 00515199734 Page: 2 Date Filed: 11/14/2019
No. 19-60209
We review de novo whether an appeal waiver bars an appeal. United
States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). Based on our review of the
record, Steve knowingly and voluntarily entered his plea agreement, including
the appeal waiver, which is enforceable and bars his appeal. See United States
v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005). As Steve concedes, his
contention that his appeal waiver was unknowing because he entered into it
prior to sentencing and without knowledge of his ultimate sentence is
foreclosed. See United States v. Melancon, 972 F.2d 566, 567-68 (5th Cir. 1992).
We GRANT the Government’s motion to dismiss, and we DENY its alternative
motion for summary affirmance as unnecessary.
APPEAL DISMISSED.
2