United States v. Mei

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS February 5, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-20985 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DANIEL MEI, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-544-4 -------------------- Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges. PER CURIAM:* Daniel Mei appeals from his guilty-plea conviction for conducting a monetary transaction with criminally derived property. He argues on appeal that the district court erred by increasing his sentence by three offense levels pursuant to U.S.S.G. § 3B1.1(b). However, as noted by the Government, Mei’s instant argument is barred by the appeal-waiver provision contained in his written plea agreement. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20985 -2- Although the Government asserted the appeal waiver in its brief, defense counsel did not file a reply brief. He has therefore failed to address the threshold issue before this court. However, as the record shows that Mei’s waiver of his right to appeal was knowing and voluntary, that waiver should be enforced as valid. See United States v. Melancon, 972 F.2d 566, 567-68 (5th Cir. 1992). Accordingly, Mei’s instant appeal is DISMISSED.