USA v. Harper, No. 21-60860 (5th Cir. 2022)

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Case: 21-60860 Document: 00516273007 Page: 1 Date Filed: 04/08/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 21-60860 Summary Calendar FILED April 8, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jarvis Demarcus Harper, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:19-CR-115-1 Before King, Costa, and Ho, Circuit Judges. Per Curiam:* Jarvis Demarcus Harper appeals the 87-month sentence imposed following his guilty plea conviction for possession of a firearm after a felony conviction. He argues that the district court erred in applying a four-level * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60860 Document: 00516273007 Page: 2 Date Filed: 04/08/2022 No. 21-60860 enhancement pursuant to U.S.S.G. § 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony. The Government moves to dismiss the appeal or, alternatively, for summary affirmance based on the appeal waiver in Harper’s written plea agreement. Any argument that the waiver is invalid or unenforceable under the circumstances would be without merit, as Harper was specifically admonished about his right to appeal and that he was giving up that right as part of his plea, and the waiver broadly precludes any challenge to Harper’s sentence. See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005). Accordingly, the Government’s motion to dismiss the appeal is GRANTED. Its alternative motion for summary affirmance is DENIED AS MOOT. The appeal is DISMISSED. 2

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