IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40918
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONNA PORTER HEDRICK,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 2:97-CR-11-5
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May 25, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Donna Porter Hedrick appeals from her conviction of conspiracy
to possess crack cocaine with intent to distribute. Hedrick argues
that her plea was involuntary because she did not understand the
nature of duress as a defense to criminal liability; because she
pleaded guilty to obtain medical treatment; and because she was
mentally disabled. She contends that her duress defense rendered
the factual basis for her plea inadequate.
The Government argues that Hedrick waived her right to appeal.
*
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that this opinion should not be published and is not precedent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. 98-40918
-2-
The explanation of the waiver provision of the plea agreement
offered at Hedrick’s sentencing hearing, however, limited the
waiver to sentencing issues only. Although Hedrick raises no
sentencing issues in this appeal, the issues she raises are not
barred by the wavier provision.
Regarding Hedrick’s contentions, our de novo review of the
record of Hedrick’s plea hearing indicates that her plea was
knowing and voluntary. See United States v. Amaya, 111 F.3d 386,
388 (5th Cir. 1997). Our review of the record indicates that the
district court’s finding that there was a factual basis for
Hedrick’s guilty plea was not erroneous. United States v.
Schmalzried, 152 F.3d 354, 356 (5th Cir. 1998).
AFFIRMED.