United States v. Wagner

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50702 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PETER DAVID WAGNER,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-95-CR-131-ALL - - - - - - - - - - April 16, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Peter David Wagner filed a notice of appeal from his

sentence in a guilty-plea conviction for mail fraud. We have

reviewed Wagner’s brief and the record and conclude that Wagner’s

waiver of his right to appeal as part of the plea agreement was

knowing and voluntary. See United States v. Melancon, 972 F.2d 566, 567 (5th Cir.

1992). A claim that is waived is "entirely unreviewable, unlike

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-50702 - 2 -

forfeited errors, which are reviewable for plain error." See

United States v. Musquiz, 45 F.3d 927, 931 (5th Cir.), cert.

denied, 116 S. Ct. 54 (1995). Accordingly, the appeal is

DISMISSED. Wagner’s motion to strike counsel’s brief and to file

a pro se brief is DENIED.

APPEAL DISMISSED. MOTION DENIED.