No. 01 - 51274 SUMMARY CALENDAR UNITED STATES OF AMERICA v. Rigoberto Toscano, also known as Rigo

1Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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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United States Court of Appeals
Fifth Circuit
F I L E D
March 10, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 01 - 51274
SUMMARY CALENDAR
_________________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
RIGOBERTO TOSCANO, also known as Rigo,
Defendant - Appellant
______________________________________________________________________________
On Appeal from the United States District Court for the
Western District of Texas
(SA-00-CR-605-4)
______________________________________________________________________________
Before REYNALDO G. GARZA, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM.1
Roberto Toscano challenges the factual basis for his guilty plea to one count of conspiracy
to distribute in excess of 1,000 kilograms of marijuana. There is, however, no nonfrivolous issue
for appeal with respect to Toscano’s conviction because as part of his written plea agreement,
Toscano validly waived his right to directly appeal his sentence. See United States v. Portillo, 18
F.3d 290, 292 (5th Cir. 1994). Accordingly, the appeal is dismissed.

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