IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20243
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILLY ARRINGTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-721-2
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January 14, 2003
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Billy Arrington (“Arrington”) appeals the district court’s
judgment resentencing Arrington to 151 years’ imprisonment upon his
guilty-plea conviction for money laundering. The district court
resentenced Arrington after he successfully sought relief pursuant
to 28 U.S.C. § 2255. Arrington argues that the district court
erred because it did not resentence him under the current version
of the United States Sentencing Guidelines. The Government has
*
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that this opinion should not be published and is not precedent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.
moved to dismiss the appeal because Arrington’s plea agreement
contained an appeal waiver. Arrington contends that the waiver is
unenforceable because the Government breached the plea agreement.
Arrington has not met his burden to show that the Government’s
argument at sentencing in support of an obstruction-of-justice
enhancement, which carried with it a denial of a downward
adjustment for acceptance of responsibility, breached the plea
agreement. See United States v. Wittie, 25 F.3d 250, 262 (5th Cir.
1994). The Government’s conduct was not inconsistent with a
reasonable understanding of the plea agreement. See United States
v. Valencia, 985 F.2d 758, 761 (5th Cir. 1993). This case is
distinguishable from United States v. Keresztury, 293 F.3d 750 (5th
Cir. 2002), because in this case the Government’s conduct did not
fall within the unambiguous terms of Arrington’s plea agreement.
The motion to dismiss is GRANTED. All other outstanding
motions are DENIED. This appeal is DISMISSED.
2