United States v. Sanchez

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50889 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAVIER SANCHEZ,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-01-CR-36-12-S - - - - - - - - - - September 20, 2002

Before DUHÉ, WIENER, and DeMOSS, Circuit Judges.

PER CURIAM:1

Javier Sanchez appeals his guilty plea conviction for aiding

and abetting possession with intent to distribute marihuana. He

argues that the district court violated FED. R. CRIM. P. 11 by

failing to fully inform him regarding the effect of supervised

release.

As part of his plea agreement, Sanchez waived his right to

appeal “any aspect of the conviction and sentence” with the

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. exception of certain ineffective assistance and prosecutorial

misconduct claims. Sanchez has not challenged the validity of this

waiver, and the record reveals that he knowingly and voluntarily

agreed to this provision. See United States v. Portillo, 18 F.3d

290, 292 (5th Cir. 1994). Because this appeal is in contravention

of the waiver of appeal provision, it is dismissed. See United

States v. Melancon, 972 F.2d 566, 568 (5th Cir. 1992).

APPEAL DISMISSED.