United States v. Grams

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 99-51014 Summary Calendar _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JASON GRAMS, Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CR-130-ALL _________________________________________________________________ July 20, 2000 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Jason Grams appeals from his sentence after a guilty plea to three counts of carjacking in violation of 18 U.S.C. § 2119 and two counts of use of a firearm during a violent crime in violation of 18 U.S.C. § 924(c). We dismiss Grams's appeal. Pursuant to a written plea agreement, Grams waived his right to appeal his sentence on any ground unless the punishment imposed exceeded certain statutory maximums or forty-five years in prison. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. The district court's sentence did not exceed either of these terms. Grams argues that his waiver is invalid because he could never knowingly and intelligently waive his right to appeal a sentence that has not yet been imposed at the time of the plea agreement. We find Grams's argument unpersuasive. The uncertainty of the district court's sentence does not render Grams's waiver uninformed. See United States v. Melancon, 972 F.2d 566, 567-68 (5th Cir. 1992). We are satisfied that Grams's waiver was voluntarily, knowingly, and intelligently made. The appeal is D I S M I S S E D. 2