IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11323
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME LUNA RODRIGUEZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CR-158-32-P
- - - - - - - - - -
August 19, 1998
Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Jaime Luna Rodriguez appeals his guilty-plea conviction and
sentence for conspiracy to import marijuana, to distribute
marijuana, and to possess marijuana with intent to distribute in
violation of 21 U.S.C. § 846. Rodriguez argues that the district
court erred in determining that he was responsible for
transporting 9000 pounds of marijuana. Rodriguez’ plea agreement
contains a provision in which Rodriguez waived his right to
appeal his sentence unless the sentence was imposed in excess of
*
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that this opinion should not be published and is not precedent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.
No. 97-11323
-2-
the statutory maximum, was the result of an upward departure, or
was the result of an arithmetic error in the calculation of his
offense level. We have reviewed the record and conclude that the
waiver was informed and voluntary and is therefore binding on
Rodriguez. See United States v. Portillo, 18 F.3d 290, 292 (5th
Cir. 1994). Rodriguez’ claim that the district court erred in
calculating the amount of marijuana attributable to him is barred
by the waiver-of-appeal provision. Because Rodriguez’ sentence
was not in excess of the statutory maximum, was not imposed as a
result of an upward departure, and was not imposed as a result of
an arithmetic error in the calculation of his offense level, he
may not challenge his sentence on appeal. Rodriguez’ appeal is
without arguable merit. Accordingly, it is DISMISSED. 5th Cir.
R. 42.2.
APPEAL DISMISSED.