United States v. Martinez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-60534
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ALEJANDRO MENERA MARTINEZ,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:17-CR-119-1

Before WIENER, HAYNES, and COSTA, Circuit Judges.
PER CURIAM:
*

Alejandro Menera Martinez appeals his within-guidelines sentence after
pleading guilty, pursuant to a written plea agreement, to possession with
intent to distribute one kilogram or more of heroin. Menera Martinez
challenges his sentence as being procedurally unreasonable on the ground that
the district court erred by applying a two-level leadership adjustment under
U.S.S.G. § 3B1.1(c). Seeking to enforce Menera Martinez’s appeal waiver, 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
May 11, 2020

Lyle W. Cayce
Clerk
Case: 19-60534 Document: 00515410905 Page: 1 Date Filed: 05/11/2020

No. 19-60534
2
Government moves to dismiss the appeal or, in the alternative, 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, Menera Martinez 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).
We GRANT the Government’s motion to dismiss, and we DENY its alternative
motion for summary affirmance as unnecessary.
APPEAL DISMISSED.
Case: 19-60534 Document: 00515410905 Page: 2 Date Filed: 05/11/2020