United States v. Ledesma , 176 F. App'x 463 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2006
Charles R. Fulbruge III
Clerk
No. 04-40443
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO LEDESMA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:03-CR-325-2
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Francisco Ledesma appeals the 46-month sentence imposed
following his guilty plea conviction for conspiracy to commit tax
fraud. He argues for the first time on appeal that the district
court violated his Sixth Amendment rights by enhancing his
sentence based on facts that were not admitted by him or found by
a jury beyond a reasonable doubt. He argues that this was
constitutional error in light of the holding in United States v.
Booker, 543 U.S. 220 (2005).
*
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this opinion should not be published and is not precedent except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. 04-40443
-2-
The Government argues that Ledesma waived his right to
appeal his sentence or the manner in which it was determined.
Ledesma argues that the appeal waiver does not bar his claim,
which in effect is a claim that his sentence exceeds the
statutory maximum. He also argues that he did not waive the
right to appeal a structural error and that the waiver should not
be enforced for public policy reasons. The record reflects that
Ledesma knowingly and voluntarily waived his right to appeal his
sentence. See United States v. Burns, 433 F.3d 442, 450 (5th
Cir. 2005); United States v. Bond, 414 F.3d 542, 545-46 (5th Cir.
2005); United States v. Cortez, 413 F.3d 502, 503 (5th Cir.),
cert. denied, 126 S. Ct. 502 (2005). Ledesma’s appeal waiver is
enforceable and bars his claims on appeal.
AFFIRMED.