United States v. Bryant

* 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this opinion should not be published and is not precedent except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
March 28, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60832
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES DEAN BRYANT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:03-CR-6-1-PG
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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JONES Chief Judge, and HIGGINBOTHAM, and PRADO, Circuit
Judges.
PER CURIAM:*
In July 2004, this court granted the Government’s motion to
dismiss the appeal as waived pursuant to a provision in the plea
agreement of defendant-appellant Charles Dean Bryant. The
Supreme Court has vacated and remanded for further consideration
in light of United States v. Booker, 543 U.S. 220 (2005).
We review de novo whether a waiver provision bars an appeal.
United States v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002). We

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No. 03-60832
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determine whether the waiver was knowing and voluntary and
whether the waiver applies to the circumstances at issue. United
States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005).
The record reflects that Bryant knowingly and voluntarily
waived his right to appeal his sentence “on any ground
whatsoever.” See United States v. Cortez, 413 F.3d 502, 503 (5th
Cir. 2005); United States v. McKinney, 406 F.3d 744, 746 (5th
Cir. 2005); FED. R. CRIM. P. 11(b)(1)(N). Because Bryant’s
sentence did not exceed the statutory maximum, we DISMISS the
appeal as barred by the waiver contained in Bryant’s plea
agreement.

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