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United States v. Esequiel Hernandez ( 2012 )


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  •      Case: 12-50029       Document: 00512092342         Page: 1     Date Filed: 12/21/2012
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    December 21, 2012
    No. 12-50029
    Summary Calendar                        Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    ESEQUIEL HERNANDEZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:02-CR-1114-1
    Before JONES, DENNIS, and HAYNES, Circuit Judges.
    PER CURIAM:*
    Esequiel Hernandez appeals the reasonableness of the sentence imposed
    following his guilty plea to conspiracy to posses with intent to distribute
    marijuana.      The Government has invoked the appellate waiver provision
    contained in his written plea agreement. See United States v. Acquaye, 
    452 F.3d 380
    , 381-82 (5th Cir. 2006). Our review of the record reveals that the waiver
    was knowing and voluntary and that under the plain language of the plea
    agreement, it applies to the circumstances at issue. See United States v. Bond,
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50029   Document: 00512092342    Page: 2   Date Filed: 12/21/2012
    No. 12-50029
    
    414 F.3d 542
    , 544 (5th Cir. 2005). Consequently, the waiver bars the instant
    appeal.
    AFFIRMED.
    2
    

Document Info

Docket Number: 12-50029

Judges: Jones, Dennis, Haynes

Filed Date: 12/21/2012

Precedential Status: Non-Precedential

Modified Date: 11/6/2024