United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 9, 2005

Charles R. Fulbruge III Clerk No. 04-11400 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PATRICK EUGENE NASH,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:04-CR-29-ALL-C --------------------

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Patrick Eugene Nash appeals following his guilty plea to

possession with intent to distribute less than five grams of

cocaine base. Nash argues that his sentence violates United

States v. Booker,

(2005), and Blakely v.

Washington,

(2004). The instant appeal is

barred, however, by the plain language of Nash’s knowing and

voluntary appeal waiver in the plea agreement. See United States

v. Bond,

(5th Cir. 2005); United States v.

McKinney,

(5th Cir. 2005).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-11400 -2-

APPEAL DISMISSED.