United States v. Tucker

Fifth Circuit

United States v. Tucker

136 F. App'x 700

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 28, 2005

Docket03-50710

StatusUnpublished

This text of 136 F. App'x 700 (United States v. Tucker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Tucker, 136 F. App'x 700 (5th Cir. 2005).

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Opinion

PER CURIAM: *

Gregory Kent Tucker appeals his sentence for travel with intent to engage in a sexual act with a juvenile, contending pursuant to United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that he was sentenced in violation of the Sixth Amendment. In his plea agreement, however, Tucker waived his right to appeal his sentence on any ground, save ineffective assistance of counsel and prosecutorial misconduct.

The district court contravened Fed. R.CeimP. ll(b)(l)(N) when it failed to advise Tucker that by pleading guilty he was waiving his right to appeal his sentence. Nevertheless, standing alone, such an error does not preclude a finding that the waiver was knowing and voluntary. See United States v. McKinney, 406 F.3d 744, 746 (5th Cir.2005). The record of Tucker’s rearraignment indicates that Tucker read and understood his plea agreement and that he raised no question regarding the waiver-of-appeal provision. He is therefore “held to the bargain to which he agreed, regardless of whether the court specifically admonished him concerning the waiver of appeal,” and we are without jurisdiction to entertain his Sixth Amendment challenge. See id. (internal quotation marks and citation omitted); United States v. Henderson, 72 F.3d 463, 465 (5th Cir.1995).

APPEAL DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Gregory Kent Tucker appeals his sentence for travel with intent to engage in a sexual act with a juvenile, contending pursuant to United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that he was sentenced in violation of the Sixth Amendment. In his plea agreement, however, Tucker waived his right to appeal his sentence on any ground, save ineffective assistance of counsel and prosecutorial misconduct.

The district court contravened Fed. R.CeimP. ll(b)(l)(N) when it failed to advise Tucker that by pleading guilty he was waiving his right to appeal his sentence. Nevertheless, standing alone, such an error does not preclude a finding that the waiver was knowing and voluntary. See United States v. McKinney, 406 F.3d 744, 746 (5th Cir.2005). The record of Tucker’s rearraignment indicates that Tucker read and understood his plea agreement and that he raised no question regarding the waiver-of-appeal provision. He is therefore “held to the bargain to which he agreed, regardless of whether the court specifically admonished him concerning the waiver of appeal,” and we are without jurisdiction to entertain his Sixth Amendment challenge. See id. (internal quotation marks and citation omitted); United States v. Henderson, 72 F.3d 463, 465 (5th Cir.1995).

APPEAL DISMISSED.

*

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.

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136 F. App'x 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tucker-ca5-2005.

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