USA v. Deon Manning, No. 10-50020 (5th Cir. 2010)
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Case: 10-50020 Document: 00511320826 Page: 1 Date Filed: 12/14/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50020 Summary Calendar December 14, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DEON MANNING, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-565-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* Deon Manning appeals following his guilty plea conviction. He contends that he did not knowingly and freely waive his right to appeal the constitutional * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-50020 Document: 00511320826 Page: 2 Date Filed: 12/14/2010 No. 10-50020 reasonableness of his sentence, and, as a result, he is entitled to argue on appeal that the district court improperly sentenced him as a career offender and erroneously increased his base offense level based on post-arrest statements. He also posits that counsel rendered ineffective assistance. As the government contends, Manning s arguments regarding his sentence are barred by the waiver-of-appeal provision in his plea agreement, which was knowing, voluntary, and enforceable. See United States v. Robinson, 187 F.3d 516, 517 (5th Cir. 1999); United States v. Portillo, 18 F.3d 290, 292-93 (5th Cir. 1994); F ED. R. C RIM. P. 11(b)(1)(N). The record is insufficiently developed to address Manning s ineffective-assistance claims. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Thus, the judgment is AFFIRMED. 2
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