UNITED STATES v. STEVE (2019)

Jerome Vincent Steve appeals his above-guidelines sentence after pleading guilty, pursuant to a written plea agreement, to second degree murder. Steve challenges the sentence as procedurally unreasonable on the ground that the district court erroneously imposed various upward departures. Seeking to enforce the 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, Steve knowingly and voluntarily entered his plea agreement, including the appeal waiver, which is enforceable and bars his appeal. See United States v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005). As Steve concedes, his contention that his appeal waiver was unknowing because he entered into it prior to sentencing and without knowledge of his ultimate sentence is foreclosed. 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.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.