United States v. Ceesay ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50359
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ABU CEESAY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-91-CR-298-ALL
--------------------
April 24, 2002
Before DUHÉ, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:1
Abu Ceesay appeals his guilty-plea conviction for making false
tax returns, in violation of 26 U.S.C. § 7206(2). He avers that
the court erred in denying his request for the appointment of an
investigator at Government expense and erred in increasing his
offense level by two for his obstruction of justice.
We have reviewed the record and the briefs on appeal and
conclude that the district court, relying on the information
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that this opinion should not be published and is not precedent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.
available to it at the time, did not abuse its discretion in
denying Ceesay’s motion for investigative assistance, and we AFFIRM
the denial. United States v. Gadison, 8 F.3d 186, 191 (5th Cir.
1993).
Pursuant to a written plea agreement, Ceesay waived the right
to appeal his sentence, except in limited circumstances not
implicated in the instant case. Ceesay does not challenge the
validity of the waiver provision, and we are satisfied that the
waiver of appeal was voluntarily, knowingly, and intelligently
made. Therefore, Ceesay’s challenge to the obstruction-of-justice
enhancement is precluded from review. This portion of the appeal
is DISMISSED. See United States v. Gaitan, 171 F.3d 222, 222-23
(5th Cir. 1999).
AFFIRMED IN PART; DISMISSED IN PART.
2