United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 4, 2006
Charles R. Fulbruge III
Clerk
No. 03-20846
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRETT COHEN,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:02-CR-546-3
--------------------
Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Brett Cohen appeals his 180-month sentence, following his
guilty-plea conviction for conspiracy to possess with intent to
distribute methylenedioxymethamphetamine (MDMA). Cohen
challenges the district court’s application of the federal
Sentencing Guidelines to the facts of his case. As part of
Cohen’s plea agreement, however, he knowingly and voluntarily
waived his right to appeal his sentence except for an upward
departure. See United States v. McKinney, 406 F.3d 744, 746 (5th
*
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this opinion should not be published and is not precedent except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. 03-20846
-2-
Cir. 2005); United States v. Portillo, 18 F.3d 290, 292-93 (5th
Cir. 1994). We therefore decline to consider Cohen’s arguments
that challenge the district court’s application of the Sentencing
Guidelines.
We do consider, however, Cohen’s contention that the
district court erroneously decided that an upward sentencing
departure was warranted under the facts of his case. Cohen also
contends that the extent of the departure was unreasonable.
Cohen has not shown that the decision to upwardly depart was
either unreasonable or an abuse of discretion. See United
States v. Saldana, 427 F.3d 298, 310 & n. 46 (5th Cir.),
cert. denied, 126 S. Ct. 810 (2005). The decision was grounded
in an acceptable basis. See 18 U.S.C. § 3553(a)(2). Further,
the extent of the departure was acceptable. See Saldana, 427
F.3d at 132-13.
AFFIRMED.