United States v. Speights
Opinion
Ronald Speights argues that his case should be remanded to allow the district court to consider a sentence reduction as a result of Amendment 706 to the United States Sentencing Guidelines. The government responds that this appeal is barred by the waiver-of-appeal provision in the plea agreement. We review the validity of an appeal waiver de novo. See United States v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002).
The record shows that Speights’s waiver was knowing and voluntary, and he has not raised an issue on appeal that falls within the exceptions to the waiver. See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005). Accordingly, the waiver bars review of the sentence.
Speights can pursue a reduction in sentence in the district court pursuant to 18 U.S.C. § 3582(c)(2). See U.S.S.G. § 1B1.10. We express no opinion on the viability of such relief as it pertains to Speights.
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Ronald Gene SPEIGHTS, Defendant-Appellant
- Status
- Unpublished