U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Toscano

United States v. Toscano
U.S. Court of Appeals for the Fifth Circuit · Decided March 10, 2004 · Garza, Davis, Barksdale
89 F. App'x 460

United States v. Toscano

Opinion

PER CURIAM. 1

Roberto Toscano challenges the factual basis for his guilty plea to one count of conspiracy to distribute in excess of 1,000 kilograms of marijuana. There is, however, no nonfrivolous issue for appeal with respect to Toscano’s conviction because as part of his written plea agreement, Tosca-no validly waived his right to directly appeal his sentence. See United States v. Portillo, 18 F.3d 290, 292 (5th Cir. 1994). Accordingly, the appeal is dismissed.

1

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 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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