United States v. Garman

No. 99-10810
-1-
* 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that this opinion should not be published and is not precedent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. 99-10810
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODNEY GARMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CR-8-2-R
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April 13, 2000
Before WIENER, DeMOSS, PARKER, Circuit Judges.
PER CURIAM:*
Rodney Garman (“Garman”) seeks to appeal his sentence after
his guilty-plea conviction on two counts of bank robbery.
However, Garman knowingly and voluntarily waived his right to
appeal a sentence within the applicable sentencing guideline
range, as was imposed in this case. See United States v.
Melancon, 972 F.2d 566, 567 (5th Cir. 1992). There is no
arguable merit to Garman’s assertion that his waiver of appeal
was not knowing and voluntary because it was executed before the

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No. 99-10810
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district court imposed his sentence. See id. at 567-68.
Garman’s appeal is dismissed as frivolous.
APPEAL DISMISSED. 5TH CIR. R. 42.2.

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