United States v. Navarrette

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 7, 2004

Charles R. Fulbruge III Clerk No. 03-51080 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISMAEL NAVARRETTE,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. P-03-CR-56-ALL --------------------

Before WIENER, DeMOSS, and PICKERING, Circuit Judges.

PER CURIAM:*

Ismael Navarrette appeals from his sentence for abusive

sexual conduct in violation of 18 U.S.C. § 2244(a)(2).

Navarrette argues that he may challenge his sentence despite his

waiver of his right to appeal.

This court reviews de novo whether a waiver of appeal bars

an appeal. United States v. Baymon, 312 F.3d 725, 727 (5th Cir.

2002). Navarrette knowingly and voluntarily waived his right to

appeal his sentence. See United States v. Portillo, 18 F.3d 290,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-51080 -2-

292-93 (5th Cir. 1994). Navarrette’s waiver of appeal is

enforceable and bars the present appeal.

APPEAL DISMISSED.