USA v. Johnson, No. 06-20022 (5th Cir. 2007)
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 Charles R. Fulbruge III Clerk No. 06-20022 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHRISTOPHER JEROME JOHNSON, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CR-330-1 -------------------Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Christopher Jerome Johnson was convicted of one charge of possession of five or more grams of cocaine base with intent to distribute and sentenced to serve 120 months in prison. appeals his sentence. Johnson He argues that the appellate waiver clause in his plea agreement is invalid because it is too broad and that his sentence is improper under United States v. Booker, 543 U.S. 220 (2005). The Government contends that the waiver clause is valid and should be enforced. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-20022 -2The record reflects that Johnson knowingly and voluntarily waived his appellate rights. See United States v. Melancon, 972 F.2d 566, 567-68 (5th Cir. 1992). Consideration of Johnson s Booker claim is barred by the plain language of the waiver. See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005). Accordingly, we do not consider the merits of Johnson s sentencing challenge, and the judgment of the district court is AFFIRMED.
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