United States v. Creasy

NOT RECOMMENDED FOR PUBLICATION
File Name: 05a0319n.06
Filed: April 28, 2005
No. 04-5357
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee )
)
v. ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR THE
CHARLOTTE CREASY, ) WESTERN DISTRICT OF TENNESSEE
)
Defendant-Appellant )
)
)
BEFORE: KEITH, MERRITT, and CLAY, Circuit Judges
MERRITT, Circuit Judge. The parties have waived oral argument and seek a decision
based upon the briefs and record in the case. Appellant, Charlotte Creasy, appeals her sentence after
pleading guilty to charges against her and entering into a plea agreement in which she stated in
paragraph 6 that she “knowingly and voluntarily waives her right to appeal any sentence imposed
by the Court and the manner in which the sentence is determined so long as it is within the statutory
maximum.” We have upheld the validity of such waiver of appeal provisions in numerous cases.
See, e.g., United States v. Smith, 344 F.3d 479, 483 (6th Cir. 2003). The District Court properly
determined that the defendant understood “the terms of [the] plea-agreement provision waiving the
right to appeal,” as required by Federal Rule of Criminal Procedure 11(b)(1)(N), and as interpreted
and enforced in United States v. Murdock, 398 F.3d 491 (6th Cir. 2005).
No. 04-5357
United States v. Creasy
In United States v. Bradley, 400 F.3d 459, 463-65 (6th Cir. 2005), and United States v. Yoon,
398 F.3d 802, 808 (6th Cir. 2005), this Court recently rejected the argument that such a waiver does
not apply to an appeal based upon claims made under United States v. Booker, 543 U.S. ____, 125
S. Ct. 238 (2005). The fact that the waiver of appeal provision excepts sentences in excess of the
“statutory maximum” does not alter our conclusion. The sentence here was within the upper limit
of the statute to which the defendant pled guilty. The panel is therefore governed by the Bradley
and Yoon cases, which decide the issue raised in the instant case.
Accordingly, the appeal is dismissed.
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