United States v. Obregon ( 2021 )

Case: 20-20017 Document: 00515720740 Page: 1 Date Filed: 01/26/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
January 26, 2021
No. 20-20017
Lyle W. Cayce
Summary Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
Ivan Dario Obregon,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CR-533-2
Before Clement, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
Ivan Dario Obregon pleaded guilty to possessing with the intent to
distribute 100 grams or more of heroin, an offense punishable by between five
and 40 years of imprisonment. 21 U.S.C. § 841(a)(1), (b)(1)(B)(i). Finding
that Obregon was eligible to benefit from 18 U.S.C. § 3553(f)(1)’s safety valve
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-20017 Document: 00515720740 Page: 2 Date Filed: 01/26/2021
No. 20-20017
provision as amended by the First Step Act, the district court varied
downward from the applicable guidelines imprisonment range and sentenced
Obregon below the statutory minimum to a 54-month prison term.
On appeal, Obregon raises claims of procedural error relating to the
district court’s calculation of his guidelines sentencing range. The
Government argues that Obregon’s claims are barred by the appeal waiver
provision in his plea agreement.
We review de novo whether an appeal waiver bars an appeal. United
States v. Jacobs, 635 F.3d 778, 780-81 (5th Cir. 2011). The record reflects that
Obregon’s appeal waiver was knowing and voluntary, see United States
v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005), and Obregon concedes as
much. In addition, the language of the appeal waiver applies to Obregon’s
appellate arguments. See Jacobs, 635 F.3d at 781. Accordingly, the appeal is
DISMISSED.
2