United States v. Wilson

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 11, 2006

Charles R. Fulbruge III Clerk No. 04-41548 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GREGORY KYLE WILSON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CR-232-8 --------------------

Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.

PER CURIAM:*

Gregory Kyle Wilson appeals the sentence imposed following

his guilty plea to interstate travel in aid of racketeering.

Wilson argues that (1) his sentence violates United States v.

Booker, 543 U.S. 220 (2005), (2) the Feeney Amendment violates

the Separation of Powers Clause, and (3) his base offense level

calculation violated Booker. The Government seeks to enforce the

waiver. By its plain language and the circumstances surrounding

sentencing, Wilson’s knowing and voluntary appeal waiver bars his

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-41548 -2-

challenge to his sentence. See United States v. Burns, 433 F.3d

442, 450-51 (2005); United States v. Bond, 414 F.3d 542, 545 (5th

Cir. 2005).

AFFIRMED.