USA v. Speights, et al, No. 07-40260 (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-40260 Summary Calendar October 14, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RONALD GENE SPEIGHTS, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas No. 1:06-CR-106-1 Before SMITH, STEWART, and SOUTHWICK, Circuit Judges. PER CURIAM:* 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-40260 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. 2
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