United States v. Reyna ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10401
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANDRES MARES REYNA, JR., also known as
Andres Mares Reyna,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CR-260-1-E
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Andres Mares Reyna, Jr., appeals the sentence imposed
following his guilty plea to possession of cocaine with intent to
distribute.
The Government contends that Reyna waived the right to
appeal his sentence. Because the district court did not ensure
that Reyna understood the plea agreement’s waiver-of-appeal
provision and its consequences, the provision is ineffective.
*
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that this opinion should not be published and is not precedent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. 00-10401
-2-
United States v. Robinson, 187 F.3d 516, 518 (5th Cir. 1999);
Fed. R. Crim. P. 11(c)(6).
Reyna argues that the district court erred in denying him a
reduction pursuant to U.S.S.G. § 3E1.1 for acceptance of
responsibility. We perceive no error in the district court’s
denial of the reduction. See United States v. Flucas, 99 F.3d
177, 180 (5th Cir. 1996); United States v. Rickett, 89 F.3d 224,
226-27 (5th Cir. 1996).
AFFIRMED.