IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-51043
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRY HICKS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-97-CR-118-ALL
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October 20, 1999
Before JONES, WIENER, and STEWART, Circuit Judges.
PER CURIAM:*
Terry L. Hicks appeals the sentence imposed by the district
court after he pleaded guilty to money laundering in violation of
18 U.S.C. § 1956. Hicks’s motion for consideration of his reply
brief in its present form is GRANTED.
Hicks argues that the sentence imposed by the district court
was a result of his counsel’s ineffectiveness. He argues that
the case should be remanded so that the district court may
*
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that this opinion should not be published and is not precedent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. 97-51043
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consider if he should be resentenced to a sentence below the
guideline range.
“[A] defendant may, as part of a valid plea agreement, waive
his statutory right to appeal his sentence.” United States v.
Melancon, 972 F.2d 566, 568 (5th Cir. 1992). “To be valid, a
defendant’s waiver of his right to appeal must be informed and
voluntary.” United States v. Portillo, 18 F.3d 290, 292 (5th
Cir. 1994). Because a review of the rearraignment hearing
clearly indicates that Hicks knowingly and voluntarily executed
such a waiver, we do not consider his sentencing claim. See id.
at 292. Insofar as Hicks casts his challenge to his sentence in
terms of ineffective assistance of counsel, we decline to address
this claim at this time because the district court has not
developed a record on Hicks’s allegations. See United States v.
Scott, 159 F.3d 916, 924 (5th Cir. 1998).
AFFIRMED.