United States v. Dedrick , 85 F. App'x 402 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS January 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50397
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JERRY LEWIS DEDRICK,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-02-CR-113-2
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Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Jerry Lewis Dedrick pleaded guilty to aiding and abetting
possession with intent to distribute cocaine base of 50 grams or
more. Although he argues that the application of the career
criminal provision of U.S.S.G. § 4B1.1 violated the terms of his
plea agreement with the government, the district court’s ruling
that the plea bargain precluded only government motions for
enhancements is not clearly erroneous. See United States v.
*
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that this opinion should not be published and is not precedent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. 03-50397
-2-
Gibson, 48 F.3d 876, 878 (5th Cir. 1995). Furthermore, Dedrick’s
argument that the district court erred in calculating the
relevant amount of cocaine base is barred by his waiver of the
right to direct appeal. See United States v. Baymon, 312 F.3d
725, 729-30 (5th Cir. 2002). Accordingly, we DISMISS the appeal
as to Dedrick’s sentencing issue and AFFIRM his conviction.
AFFIRMED IN PART, DISMISSED IN PART.