United States v. Raines

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50724 (Summary Calendar) UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL GLENN RAINES, Defendant-Appellant. ___________________________________________ Appeal from the United States District Court for the Western District of Texas (MO-95-CR-39-1) ____________________________________________ May 6, 1997 Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges. PER CURIAM:* Michael Glenn Raines appeals his conviction for possession of a firearm by a felon. Raines contends that the district court abused its discretion in refusing to allow him to withdraw his guilty plea. Raines also challenges a four-level enhancement to his offense level based on a specific offense characteristic and the use of a prior conviction in determining his base offense * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. level. We have reviewed the record and the briefs of the parties and hold that the district court did not abuse its discretion in denying the withdrawal motion. United States v. Bond, 87 F.3d 695 (5th Cir. 1996); United States v. Bounds, 943 F.2d 541 (5th Cir. 1991), cert. denied, 510 U.S. 845 (1993). Raines waived the right to appeal his sentence in his plea agreement. United States v. Melancon, 972 F.2d 566 (5th Cir. 1992); United States v. Portillo, 18 F.3d 290 (5th Cir.), cert. denied, 115 S. Ct. 244 (1994). AFFIRMED. 2