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* 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this opinion should not be published and is not precedent except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
June 2, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20580
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDDIE EVANS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-285-2
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Before GARZA, DEMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Eddie Bryant Evans appeals his sentence after pleading
guilty to possession with intent to distribute 100 grams or more
of phencyclidine. In a plea agreement, Evans waived his appeal
rights, unless there were an upward departure from the sentencing
guidelines. The waiver was knowing and voluntary, and the
sentence was within the guidelines range. See United States v.
McKinney, __F.3d__, No. 04-41223, 2005 WL 887153, *2-*3 & n.5
(5th Cir. Apr. 15, 2005). His appeal is DISMISSED.
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