Texte intégral
* 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this opinion should not be published and is not precedent except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
November 9, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40607
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHNNY TERRELL SMITH,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:04-CR-116-12
--------------------
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Johnny Terrell Smith appeals following his guilty plea and
sentence for conspiracy to manufacture, distribute, or possess
with intent to manufacture, distribute, or dispense cocaine base.
Smith argues, in reliance on United States v. Booker, 125 S. Ct.
738 (2005), that his sentence violates the Sixth Amendment. The
instant appeal is barred, however, by the plain language of
Smith’s knowing and voluntary appeal waiver in the plea
agreement. See United States v. Bond, 414 F.3d 542, 545-46
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No. 05-40607
-2-
(5th Cir. 2005); United States v. McKinney, 406 F.3d 744, 746-47
(5th Cir. 2005).
APPEAL DISMISSED.
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