United States v. Halat

*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not be published and is not precedent except under the limited circumstances set forth in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
September 29, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-60089
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PETER HALAT, JR.,
Defendant-Appellant.
Appeal from the United States District Court for
the Southern District of Mississippi
(USDC No. 2:96-cr-030)
_________________________________________________________
Before REAVLEY, HIGGINBOTHAM and GARZA, Circuit Judges.
PER CURIAM:*1

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We dismiss the appeal for the following reason:
In Defendant’s direct appeal, this Court held that “Halat waived his right to
appeal his sentence in exchange for the government’s agreement not to
appeal a sentence imposed below the guideline range.” United States v.
Sharpe, 193 F.3d 852, 871 (5th Cir. 1999). This waiver applies to a
collateral attack on the sentence. In United States v. Baty, the Court
explained, “We think that a defendant’s waiver of her right to appeal
deserves and, indeed, requires the special attention of the district court.
When a defendant waives her right to appeal, she gives up the very
valuable right to correct a district court’s unknown and unannounced
sentence.” 980 F.2d 977, 978 (5th Cir. 1992). The transcript reveals that the
district court paid the requisite special attention. Defendant’s counsel, Mr.
Chasnoff, stated, “There will be no appeal of the final sentence given by this
Court...” (emphasis added). The bottom line is that the record from the district
court unambiguously establishes that Defendant chose to forsake all avenues of
appeal of his sentence.
Dismissed.

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