IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-11145
_____________________
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
EULALIO VARGAS-BUENO
Defendant - Appellant
__________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas, San Angelo
USDC No. 6:99-CR-21-1-C
___________________________________________________________________
August 9, 2000
Before KING, Chief Judge, REYNALDO G. GARZA and PARKER, Circuit
Judges.
PER CURIAM:*
The Defendant-Appellant Eulalio Vargas-Bueno waived his right
to appeal the issues that he presents here. A defendant may, as a
part of a valid plea agreement, waive his statutory right to appeal
his sentence. See United States v Melancon, 972 F.2d 566, 568 (5th
Cir. 1992). To be valid, the waiver must be an informed one. See
id. at 567. Contrary to Vargas’ argument on appeal, a district
court’s misstatements at a sentencing hearing as to a defendant’s
*
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this opinion should not be published and is not precedent except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.
right to appeal, made after the defendant entered into a plea
agreement, do not affect the voluntariness of a waiver of appeal
provision. See id. at 568. When the record clearly shows that the
defendant read and understood the plea agreement and that he raised
no question regarding the waiver of appeal provision, the plea
agreement is upheld. See United States v Portillo, 18 F.3d 290,
292-93 (5th Cir. 1994). This case differs from United States v
Robinson, 187 F.3d 516 (5th Cir. 1999), in that in this case,
unlike in Robinson, the district court determined through its
questioning that Vargas-Bueno had read and understood the plea
agreement.1
All outstanding motions are DENIED.
DISMISSED.
1
We note that the plea agreement at issue here predates the
amendment to Federal Rule of Criminal Procedure 11 that became
effective December 1, 1999.