United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 9, 2005
Charles R. Fulbruge III
Clerk
No. 04-11400
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PATRICK EUGENE NASH,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:04-CR-29-ALL-C
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Patrick Eugene Nash appeals following his guilty plea to
possession with intent to distribute less than five grams of
cocaine base. Nash argues that his sentence violates United
States v. Booker, 125 S. Ct. 738 (2005), and Blakely v.
Washington, 124 S. Ct. 2531 (2004). The instant appeal is
barred, however, by the plain language of Nash’s knowing and
voluntary appeal waiver in the plea agreement. See United States
v. Bond, 414 F.3d 542, 545-46 (5th Cir. 2005); United States v.
McKinney, 406 F.3d 744, 746-47 (5th Cir. 2005).
*
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this opinion should not be published and is not precedent except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. 04-11400
-2-
APPEAL DISMISSED.