United States v. Harrington

U.S. Court of Appeals for the Fifth Circuit
United States v. Harrington, 89 F. App'x 473 (5th Cir. 2004)

United States v. Harrington

Opinion

PER CURIAM. *

Kenneth Harold Harrington appeals from his sentence for two counts of armed *474 bank robbery in violation of 18 U.S.C. § 2113(a), (d) and one count of using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A). Harrington argues that he may challenge his sentence despite his waiver of his right to appeal.

This court reviews de novo whether a waiver of appeal bars an appeal. United States v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002). Harrington’s sentence did not exceed the statutory maximum, and the Government had requested that the district court depart upward from the guideline range. Neither of the two exceptions to the waiver of appeal applies in this case. Harrington knowingly and voluntarily waived his right to appeal his sentence. See United States v. Portillo, 18 F.3d 290, 292-93 (5th Cir. 1994); see also United States v. Dees, 125 F.3d 261, 269 (5th Cir. 1997). Harrington’s waiver of appeal is enforceable and bars the present appeal.

APPEAL DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *474 the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Harold HARRINGTON, Defendant-Appellant
Cited By
2 cases
Status
Unpublished