USA v. Alejandro Martinez, No. 19-60534 (5th Cir. 2020)

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Case: 19-60534 Document: 00515410905 Page: 1 Date Filed: 05/11/2020 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED May 11, 2020 No. 19-60534 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALEJANDRO MENERA MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:17-CR-119-1 Before WIENER, HAYNES, and COSTA, Circuit Judges. PER CURIAM:* Alejandro Menera Martinez appeals his within-guidelines sentence after pleading guilty, pursuant to a written plea agreement, to possession with intent to distribute one kilogram or more of heroin. Menera Martinez challenges his sentence as being procedurally unreasonable on the ground that the district court erred by applying a two-level leadership adjustment under U.S.S.G. § 3B1.1(c). Seeking to enforce Menera Martinez’s appeal waiver, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-60534 Document: 00515410905 Page: 2 Date Filed: 05/11/2020 No. 19-60534 Government moves to dismiss the appeal or, in the alternative, for summary affirmance. We review de novo whether an appeal waiver bars an appeal. United States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). Based on our review of the record, Menera Martinez knowingly and voluntarily entered his plea agreement, including the appeal waiver, which is enforceable and bars his appeal. See id.; United States v. Higgins, 739 F.3d 733, 739 (5th Cir. 2014). We GRANT the Government’s motion to dismiss, and we DENY its alternative motion for summary affirmance as unnecessary. APPEAL DISMISSED. 2

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