United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 9, 2004
Charles R. Fulbruge III
Clerk
No. 03-60942
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL EASLEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
No. 2:03-CR-4-ALL-P
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Daniel Easley appeals his sentence following his guilty plea
conviction of conspiracy to possess with intent to distribute more
than 100 kilograms of marihuana. He argues that the district court
erred in finding that he possessed a firearm during the offense for
purposes of U.S.S.G. § 2D1.1(b)(1) and erred in concluding that he
*
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should not be published and is not precedent except under the limited circum-
stances set forth in 5TH CIR. R. 47.5.4.
No. 03-60942
-2-
was ineligible for the “safety valve” reduction of U.S.S.G. § 5C1.2.
As part of his written plea agreement, Easley agreed to waive
the right to appeal his conviction and sentence. The district
court personally addressed Easley and admonished him regarding his
waiver; Easley stated that he understood the waiver. Thus, he
knowingly and voluntarily waived the right to appeal his sentence.
See United States v. Robinson, 187 F.3d 516, 517-18 (5th Cir.
1999). Accordingly, this appeal is DISMISSED as waived.