United States v. Chavez , 257 F. App'x 799 ( 2007 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 11, 2007
No. 07-10235
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ROBERT LEE CHAVEZ
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:06-CR-71-1
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
Robert Lee Chavez appeals the sentence imposed by the district court
following his guilty-plea conviction for possession with the intent to distribute
methamphetamine and aiding and abetting. Chavez argues that the district
court plainly erred by assessing him a “career offender” enhancement based on
his two prior Texas convictions for controlled-substance offenses.
*
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should not be published and is not precedent except under the limited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. 07-10235
The Government has filed a motion for summary affirmance based on the
waiver-of-appeal provision in Chavez’s plea agreement. The Government asserts
that Chavez knowingly and voluntarily waived his appellate rights on this issue.
Our review of the record shows that Chavez’s appeal waiver was knowing
and voluntary and that, under the plain language of the plea agreement, the
waiver applies to the circumstances at hand. See United States v. Burns, 433
F.3d 442, 445-46 (5th Cir. 2005); United States v. McKinney, 406 F.3d 744, 746
(5th Cir. 2005). Accordingly, Chavez’s appeal waiver bars review of the issue he
seeks to raise on appeal.
The judgment of the district court is AFFIRMED, the Government’s
motion for summary affirmance is GRANTED, and the Government’s motion for
an extension of time is DENIED.
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