United States v. Proctor ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11007
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTHUR E. PROCTOR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CR-54-D-8
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April 7, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Arthur Proctor appeals his guilty plea and sentence
following a conviction for owning, maintaining, and controlling
an automobile chop shop. His argument that his guilty plea was
not knowing and voluntary because of “subsequent substance abuse
findings” is unavailing. See Jackson v. United States, 512 F.2d
772, 773 (5th Cir. 1975). The district court did not abuse its
discretion in denying Proctor’s motion to withdraw his guilty
*
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that this opinion should not be published and is not precedent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.
No. 97-11007
-2-
plea. See United States v. Grant, 117 F.3d 788, 789 (5th Cir. 1997).
Proctor has waived his right to contest issues regarding the
calculation of his sentence and restitution through a knowing and
voluntary appeal waiver made in his plea agreement. See United
States v. Melancon, 972 F.2d 566, 567-68 (5th Cir. 1992).
AFFIRMED.