IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40510
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERNESTO ALONZO RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-98-CR-620-1
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May 16, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Ernesto Alonzo Ramirez pleaded guilty to a continuing
criminal enterprise and conspiracy to launder monetary
instruments. He challenges the district court’s denial of his
motion to withdraw his guilty plea. He argues that the plea
agreement became unworkable and that the Government breached the
plea agreement by refusing to file a motion for a downward
departure based on his substantial assistance pursuant to § 5K1.1
of the United State Sentencing Guidelines. Because Ramirez
acknowledged that he did not fully cooperate with the Government
*
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that this opinion should not be published and is not precedent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. 00-40510
-2-
as required by the plea agreement, the Government did not breach
the plea agreement by refusing to file a § 5K1.1 motion. See
United States v. Saling, 205 F.3d 764, 766 (5th Cir. 2000).
Ramirez has not shown that the district court abused its
discretion in denying his motion to withdraw his guilty plea.
See United States v. Grant, 117 F.3d 788, 789 (5th Cir. 1997).
Ramirez also challenges the district court’s calculation of
his offense level. In his plea agreement, Ramirez waived the
right to appeal his sentence on any ground. A review of the
record indicates that the waiver was knowing and voluntary and,
therefore, the waiver is enforceable. See United States v.
Portillo, 18 F.3d 290, 293 (5th Cir. 1994). Therefore, Ramirez
may not challenge his sentence in this appeal.
The Government’s motion for leave to supplement the record
and to unseal the written plea agreement is denied as
unnecessary.
AFFIRMED; MOTION DENIED.