United States v. Mei

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 5, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20985
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL MEI,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-544-4
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Daniel Mei appeals from his guilty-plea conviction for
conducting a monetary transaction with criminally derived
property. He argues on appeal that the district court erred by
increasing his sentence by three offense levels pursuant to
U.S.S.G. § 3B1.1(b). However, as noted by the Government, Mei’s
instant argument is barred by the appeal-waiver provision
contained in his written plea agreement.

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No. 02-20985
-2-
Although the Government asserted the appeal waiver in its
brief, defense counsel did not file a reply brief. He has
therefore failed to address the threshold issue before this
court. However, as the record shows that Mei’s waiver of his
right to appeal was knowing and voluntary, that waiver should be
enforced as valid. See United States v. Melancon, 972 F.2d 566,
567-68 (5th Cir. 1992). Accordingly, Mei’s instant appeal is
DISMISSED.

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