USA v. Maldonado-Reyes, No. 08-40908 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-40908 Summary Calendar November 23, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GILBERTO ALEJANDRO MALDONADO-REYES, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas No. 5:08-CR-20-1 Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Gilberto Maldonado-Reyes pleaded guilty to possession with intent to distribute a quantity in excess of 500 grams of cocaine. On appeal, he challenges * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40908 his sentence and his counsel s effectiveness with regard to his sentence. The government argues that he waived his right to appeal. We review the validity of an appeal waiver de novo. United States v. Burns, 433 F.3d 442, 445 (5th Cir. 2005). Our review of the record shows that Maldonado-Reyes s waiver of appeal was knowing and voluntary, see United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005), and is therefore valid, so we decline to consider the merits of his claims. The appeal is DISMISSED. 2

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