IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50041
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
ALBERT JAMES GISTARD, also known as Buggy,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-98-CR-266-1-HG
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October 24, 2001
Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Albert James Gistard pleaded guilty to a superseding
information charging him with conspiracy to manufacture and
distribute cocaine base and conspiracy to commit money
laundering. Gistard has appealed his sentences, contending that
the district court erred: (1) in enhancing his sentence because
he was a leader or organizer, (2) in enhancing his sentence for
possession of a firearm, (3) in refusing to apply the safety-
valve provision, (4) in failing to depart downward because of the
disparity in sentences given to codefendants, and (5) in
*
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this opinion should not be published and is not precedent except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. 01-50041
-2-
sentencing him under 21 U.S.C. § 841(b)(1)(A)(iii), in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000). Because Gistard
waived his right to appeal his sentence in his plea agreement
with the Government, the appeal must be DISMISSED. See United
States v. Melancon, 972 F.2d 566, 567 (5th Cir. 1992).
APPEAL DISMISSED.