United States v. Tatum

* 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this opinion should not be published and is not precedent except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
October 8, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20374
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLIFFORD ROY TATUM,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(H-02-CR-241-2)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Clifford Roy Tatum appeals from his
guilty-plea conviction for conspiracy to possess with intent to
distribute more than 50 grams of a mixture containing cocaine base
and from his resulting sentence of 327 months’ imprisonment,
followed by five years’ supervised release. We denied Tatum’s
court-appointed counsel’s motion to withdraw and directed him to
brief whether Tatum’s waiver of his right to appeal or to
collaterally attack the plea, conviction, and sentence was knowing

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and voluntary; and whether the district court admonished Tatum
regarding the waiver provision as required by Federal Rule of
Criminal Procedure 11. No other issues are raised.
Tatum has not shown that any Rule 11 violation by the district
court amounted to plain error or that his waiver was not knowing
and voluntary. See United States v. Dominguez Benitez, 124 S. Ct.
2333 (2004); United States v. Portillo, 18 F.3d 290 (5th Cir.
1994). We need not address at this time whether a particular issue
Tatum might attempt to raise in a post-conviction proceeding could
be the proper subject of waiver. See United States v. White, 307
F.3d 336, 343 (5th Cir. 2002).
AFFIRMED.

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