United States v. Reyna

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10401 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANDRES MARES REYNA, JR., also known as Andres Mares Reyna, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-260-1-E -------------------- December 13, 2000 Before DAVIS, STEWART, and PARKER, Circuit Judges. PER CURIAM:* Andres Mares Reyna, Jr., appeals the sentence imposed following his guilty plea to possession of cocaine with intent to distribute. The Government contends that Reyna waived the right to appeal his sentence. Because the district court did not ensure that Reyna understood the plea agreement’s waiver-of-appeal provision and its consequences, the provision is ineffective. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-10401 -2- United States v. Robinson, 187 F.3d 516, 518 (5th Cir. 1999); Fed. R. Crim. P. 11(c)(6). Reyna argues that the district court erred in denying him a reduction pursuant to U.S.S.G. § 3E1.1 for acceptance of responsibility. We perceive no error in the district court’s denial of the reduction. See United States v. Flucas, 99 F.3d 177, 180 (5th Cir. 1996); United States v. Rickett, 89 F.3d 224, 226-27 (5th Cir. 1996). AFFIRMED.