United States v. Grams ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-51014
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JASON GRAMS,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Western District of Texas
USDC No. SA-98-CR-130-ALL
_________________________________________________________________
July 20, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jason Grams appeals from his sentence after a guilty plea to
three counts of carjacking in violation of 18 U.S.C. § 2119 and two
counts of use of a firearm during a violent crime in violation of
18 U.S.C. § 924(c). We dismiss Grams's appeal.
Pursuant to a written plea agreement, Grams waived his right
to appeal his sentence on any ground unless the punishment imposed
exceeded certain statutory maximums or forty-five years in prison.
*
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this opinion should not be published and is not precedent except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.
The district court's sentence did not exceed either of these terms.
Grams argues that his waiver is invalid because he could never
knowingly and intelligently waive his right to appeal a sentence
that has not yet been imposed at the time of the plea agreement.
We find Grams's argument unpersuasive. The uncertainty of the
district court's sentence does not render Grams's waiver
uninformed. See United States v. Melancon, 972 F.2d 566, 567-68
(5th Cir. 1992).
We are satisfied that Grams's waiver was voluntarily,
knowingly, and intelligently made. The appeal is
D I S M I S S E D.
2