UNITED STATES v. LACY (2021)

Mark Allen Lacy, Jr., appeals the five-year sentence of probation imposed following his guilty plea conviction for simple assault on a federal officer. He raises arguments related to the substantive reasonableness of his sentence. The Government moves to dismiss or, alternatively, for summary affirmance based on the appeal waiver in Lacy's plea agreement.

This court reviews the enforceability of an appeal waiver de novo. United States v. Winchel, 896 F.3d 387, 388 (5th Cir. 2018). The record reflects that Lacy's appeal waiver was knowing and voluntary. See United States v. McKinney, 406 F.3d 744, 746 n.2 (5th Cir. 2005). In addition, the language of the appeal waiver forecloses challenges to Lacy's sentence, and he does not argue that the appeal waiver is inapplicable specifically because his sentence exceeds the statutory maximum. See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005); see also United States v. Barnes, 953 F.3d 383, 389 & n.10 (5th Cir.), cert. denied, ––– U.S. ––––, 141 S. Ct. 438, 208 L.Ed.2d 134 (2020).

Accordingly, the Government's motion to dismiss the appeal is GRANTED, and its alternative motion for summary affirmance is DENIED.

APPEAL DISMISSED.

FOOTNOTES

FOOTNOTE.  

Per Curiam * FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.