United States v. Jorge Ramirez , 572 F. App'x 260 ( 2014 )

Case: 13-50683 Document: 00512663290 Page: 1 Date Filed: 06/13/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-50683 FILED
Summary Calendar June 13, 2014
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JORGE ABEL RAMIREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:12-CR-27-2
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Jorge Abel Ramirez pleaded guilty, pursuant to a written plea
agreement, to assaulting, resisting, or impeding officers of the United States.
On appeal, he argues that the Government breached the plea agreement and
thus engaged in prosecutorial misconduct by failing to inform the Probation
Office about his acceptance of responsibility. Because the plea agreement
placed no such obligation on the Government, Ramirez’s allegation of a breach
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50683 Document: 00512663290 Page: 2 Date Filed: 06/13/2014
No. 13-50683
and prosecutorial misconduct is factually incorrect. Ramirez’s appeal is barred
by the waiver in the plea agreement. See United States v. Story, 439 F.3d 226,
231 (5th Cir. 2006).
APPEAL DISMISSED.
2