USA v. Robles-Hernandez, No. 05-40186 (5th Cir. 2007)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on February 14, 2007.
Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 16, 2007 Charles R. Fulbruge III Clerk No. 05-40186 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN PABLO ROBLES-HERNANDEZ, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 1:04-CR-613-ALL -------------------ON PETITION FOR REHEARING Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* IT IS ORDERED that the petition for rehearing filed by appellant is GRANTED. The panel opinion, dated February 14, 2007, is withdrawn, and the following opinion is substituted: Juan Pablo Robles-Hernandez pleaded guilty to being found in the United States without having obtained permission to re-enter and after having been removed subsequent to a conviction for an aggravated felony. In his plea agreement, Robles-Hernandez waived his right to appeal his conviction and sentence except for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40186 -2a sentence above the statutory maximum or an upward departure from the Sentencing Guidelines. Robles-Hernandez argues that the waiver of his right to appeal his sentence is unenforceable because he entered his guilty plea prior to the decision in United States v. Booker, 543 U.S. 220 (2005), and may have waived rights of which he was unaware. Robles-Hernandez concedes that this argument is foreclosed by United States v. Burns, 433 F.3d 442, 450-51 (5th Cir. 2005), but he raises it here to preserve it for further review. Notwithstanding his concession that his waiver of appeal is enforceable, Robles-Hernandez seeks to appeal his sentence. Robles-Hernandez does not suggest that either of the conditions supporting the specific exceptions to the waiver exist. Accordingly, Robles-Hernandez may not appeal his sentence. judgment of the district court is AFFIRMED. The See United States v. Story, 439 F.3d 226, 230-31 (5th Cir. 2006). Robles-Hernandez s pro se motion for the appointment of counsel is DENIED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
