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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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-51075
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EULALIO DIAZ NIETO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-99-CR-100-1-SS
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October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Eulalio Diaz Nieto appeals his sentence for possession with
intent to distribute cocaine. Nieto knowingly and voluntarily
waived his right to appeal his sentence. See United States v.
Melancon, 972 F.2d 566, 567 (5th Cir. 1992); United States v.
Portillo, 18 F.3d 290, 292 (5th Cir. 1994). Because Nieto’s
sentence did not represent an upward departure from the
applicable Sentencing Guidelines range, Nieto’s appeal is
foreclosed by the waiver. This appeal is DISMISSED.
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