IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-31247
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANUEL ECHEVARRIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CR-66-9-N
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October 20, 1998
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
The Government moves for the dismissal of the appeal by
Manuel Echevarria. Echevarria concedes that he waived his right
to appeal his sentence on the issue he raises in his appellate
brief, a challenge to the drug quantity for which he was held
accountable. He asks this court to review his issue as an
exception to his waiver because failure to hear the appeal is
fundamentally unfair. His waiver of the right to appeal the
sentence precludes our review. See United States v. Portillo, 18
*
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that this opinion should not be published and is not precedent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. 97-31247
-2-
F.3d 290, 292-93 (5th Cir. 1994).
The Government’s motion to dismiss the appeal is GRANTED and
the appeal is DISMISSED.