United States v. Seales

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-60345
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DIJON JAMESE SEALES, also known as DJ,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:18-CR-49-1

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*

Dijon Jamese Seales appeals the 285-month sentence imposed following
his guilty plea conviction for possession with intent to distribute
methamphetamine and possession of a firearm in furtherance of a drug
trafficking crime. He raises arguments related to the district court’s
calculation of his guidelines range. The Government moves to dismiss the

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
February 28, 2020

Lyle W. Cayce
Clerk
Case: 19-60345 Document: 00515325358 Page: 1 Date Filed: 02/28/2020

No. 19-60345
2
appeal or, alternatively, for summary affirmance based on the appeal waiver
in Seales’s plea agreement.
We review de novo whether an appeal waiver bars an appeal. United
States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). The record reflects that
Seales’s appeal waiver was knowing and voluntary. See United States v.
McKinney, 406 F.3d 744, 746 (5th Cir. 2005). In addition, the language of the
appeal waiver applies to Seales’s appellate arguments. See United States v.
Jacobs, 635 F.3d 778, 781 (5th Cir. 2011).
Counsel for Seales is cautioned that pursuing an appeal contrary to a
valid waiver and without responding to the Government’s invocation of the
waiver is a needless waste of judicial resources that could result in sanctions.
See United States v. Gaitan, 171 F.3d 222, 223-24 (5th Cir. 1999).
Accordingly, the Government’s motion to dismiss the appeal is
GRANTED, and its alternative motion for summary affirmance is DENIED.
APPEAL DISMISSED; SANCTION WARNING ISSUED.

Case: 19-60345 Document: 00515325358 Page: 2 Date Filed: 02/28/2020