UNITED STATES v. MENERA MARTINEZ (2020)

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 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.

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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.