United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 19, 2006
Charles R. Fulbruge III
Clerk
No. 05-60009
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADRIAN WHAVERS, also known as Little Grass,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:03-CR-90-2
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Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:*
Adrian Whavers appeals the sentence imposed following his
guilty-plea conviction for conspiracy to possess with intent to
distribute more than five kilograms of cocaine hydrochloride and
more than 50 grams of cocaine base. Whavers argues, in reliance
on United States v. Booker, 125 S. Ct. 738 (2005), that his
sentence violates the Sixth Amendment. The instant appeal is
barred, however, by the plain language of Whavers’s knowing and
voluntary appeal waiver in the plea agreement. See United States
*
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this opinion should not be published and is not precedent except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. 05-60009
-2-
v. Bond, 414 F.3d 542, 545-46 (5th Cir. 2005); United States v.
McKinney, 406 F.3d 744, 746-47 (5th Cir. 2005). The Government’s
motion to dismiss is GRANTED and this appeal is DISMISSED.
MOTION TO DISMISS GRANTED; APPEAL DISMISSED.