Summary
In an unpublished per curiam opinion, the Fifth Circuit granted the government’s motion to dismiss Rodney Renchie’s appeal based on a valid appeal waiver in his plea agreement. Renchie had pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and was sentenced to 240 months, but his challenge to the district court’s application of the imported-methamphetamine enhancement under U.S.S.G. § 2D1.1(b)(5) fell within the waiver’s broad language. Because the waiver was knowing and voluntary and Renchie did not address it or respond to the government’s motion, the court dismissed the appeal and cautioned defense counsel against pursuing frivolous appeals that waste judicial resources.
Holdings
- The appeal waiver is valid and enforceable, and the appeal is dismissed.
Questions Presented
- Whether the appeal waiver in the plea agreement precludes Renchie's appeal of his sentence.
Disposition
dismissed
Cases Cited (5)
- United States v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002)(positive)
- United States v. Portillo, 18 F.3d 290, 292 (5th Cir. 1994)(positive)
- United States v. Story, 439 F.3d 226, 231 (5th Cir. 2006)(positive)
- United States v. Bond, 414 F.3d 542, 544, 546 (5th Cir. 2005)(positive)
- United States v. Gaitan, 171 F.3d 222, 223-24 (5th Cir. 1999)(positive)
Cited In (0)
No citing cases on record yet.