United States v. Baxter

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-60276
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOHN BAXTER,

Defendant-Appellant

Appeals from the United States District Court
for the Southern District of Mississippi
USDC No. 2:17-CR-23-2

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
*

John Baxter appeals his below-guidelines sentence after pleading guilty,
pursuant to a written plea agreement, to conspiring to possess with the intent
to distribute methamphetamine. Baxter challenges his sentence as being
procedurally unreasonable on the ground that the district court erred in
calculating the applicable guidelines sentencing range. Seeking to enforce

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
March 24, 2020

Lyle W. Cayce
Clerk
Case: 19-60276 Document: 00515356692 Page: 1 Date Filed: 03/24/2020

No. 19-60276
2
Baxter’s appeal waiver, the Government moves to dismiss the appeal and
alternatively moves for summary affirmance.
We review de novo whether an appeal waiver bars an appeal. United
States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). Based on our review of the
record, Baxter knowingly and voluntarily entered his plea agreement,
including the appeal waiver, which is enforceable and bars his appeal. See id.;
United States v. Higgins, 739 F.3d 733, 739 (5th Cir. 2014). Baxter’s argument
that his appeal waiver was unknowing because he agreed to it without
knowledge of his guidelines sentencing range is unavailing. See United States
v. Melancon, 972 F.2d 566, 567-68 (5th Cir. 1992). We GRANT the
Government’s motion to dismiss, and we DENY its alternative motion for
summary affirmance as unnecessary.
APPEAL DISMISSED.
Case: 19-60276 Document: 00515356692 Page: 2 Date Filed: 03/24/2020