United States v. Bravo

* 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this opinion should not be published and is not precedent except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
April 11, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40282
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERIBERTO MARTINEZ BRAVO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-1024-ALL
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Heriberto Martinez Bravo appeals from the sentence imposed
for his guilty-plea conviction for conspiracy to possess with
intent to distribute more than 100 kilograms of marijuana. On
appeal, he argues that (1) the district court erred by applying
the mandatory nature of the Sentencing Guidelines and by failing
to state the reasons for the imposed sentence and (2) the
district court erred by failing to uphold his objection regarding
the overrepresentation of his criminal history. The Government

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No. 05-40282
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asserts that Martinez Bravo’s appeal is barred by the appeal-
waiver provision contained in his plea agreement.
Martinez Bravo argues that his appeal-waiver provision is
invalid because his plea agreement was accepted before issuance
of United States v. Booker, 543 U.S. 220 (2005). This court has
recently rejected that precise argument. United States v. Burns,
433 F.3d 442, 450-51 (5th Cir. 2005). Martinez Bravo does not
challenge the validity of his appeal-waiver provision on any
other ground. Accordingly, Martinez Bravo’s challenges to his
sentence are barred by the appeal-waiver provision in his plea
agreement. See United States v. Melancon, 972 F.2d 566, 568 (5th
Cir. 1992).
AFFIRMED.

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