USA v. Luis Yanten-Mora, No. 13-20299 (5th Cir. 2014)
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Case: 13-20299 Document: 00512595875 Page: 1 Date Filed: 04/15/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20299 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 15, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff Appellee, v. LUIS ANTONIO YANTEN-MORA, also known as Louis Antonio Mora, also known as Jose Manuel Moraleslopez, also known as Valencia Nilson, also known as Luis Antonio Yanten Mora, also known as Miguel Valencia-Mora, also known as Antonio Franklin, also known as Tony Mora, also known as Jair Humberto Valenciacastillo, Defendant Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-779-1 Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Luis Antonio Yanten-Mora appeals the 57-month sentence imposed following his guilty plea conviction for illegally reentering the United States after having been removed. For the first time, Yanten-Mora argues that 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-20299 Document: 00512595875 Page: 2 Date Filed: 04/15/2014 No. 13-20299 district court erred in denying the Government s recommendation that he receive a departure under U.S. Sentencing Guidelines Manual ยง 5K3.1 and that the district court failed to sufficiently articulate its reasons for imposing the above-Guidelines sentence. The Government asserts that the appeal waiver bars this appeal. As part of his plea agreement, Yanten-Mora agreed to knowingly and voluntarily waive[] the right to appeal the conviction and the sentence imposed or the manner in which it was determined. Yanten-Mora does not address the validity of the waiver in his brief, nor has he filed a reply brief to answer the Government s waiver argument. Thus, given the plain language of the waiver and Yanten-Mora s written certification that he read, understood, and carefully reviewed every part of the plea agreement with his attorney, the appeal waiver bars the instant appeal. See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005); United States v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005). Further, defense counsel is cautioned that pursuing an appeal contrary to a valid waiver and failing to address the waiver in a reply brief after it was raised in the Government s brief constitute a needless waste of judicial resources and could result in the imposition of sanctions. See United States v. Gaitan, 171 F.3d 222, 223-24 (5th Cir. 1999). Accordingly, because Yanten-Mora s appeal of his sentence is without merit, the appeal is DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2. 2
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