United States v. Davis
United States v. Davis
Opinion
Case: 24-60139 Document: 86-1 Page: 1 Date Filed: 04/10/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-60139 Summary Calendar FILED ____________ April 10, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Kendrick Kenyon Davis, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:21-CR-118-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges.
Per Curiam: * Kendrick Kenyon Davis appeals his sentence after pleading guilty, pursuant to a written plea agreement, to conspiracy to possess with intent to distribute 500 grams or more of cocaine. Davis asserts that the district court miscalculated his guidelines range by improperly attributing to him 20 kilograms of cocaine. Seeking to enforce Davis’s appeal waiver, the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-60139 Document: 86-1 Page: 2 Date Filed: 04/10/2025
No. 24-60139
Government moves to dismiss the appeal and alternatively moves for summary affirmance.
We review the enforceability of an appeal waiver de novo. See United States v. Kelly, 915 F.3d 344, 348 (5th Cir. 2019). Based on our review of the record, Davis knowingly and voluntarily agreed to the appeal waiver, which is enforceable and bars his appeal. See id. Davis’s challenges to the waiver are unavailing. See United States v. Melancon, 972 F.2d 566, 567–68 (5th Cir. 1992).
For these reasons, the Government’s motion to dismiss the appeal is GRANTED, its alternative motion for summary affirmance is DENIED as unnecessary, and the appeal is DISMISSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.