United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2006
Charles R. Fulbruge III
Clerk
No. 04-11465
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT HEWITT JONES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CR-153-ALL
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Robert Hewitt Jones appeals his sentence following his
guilty plea conviction for theft or receipt of stolen mail matter
in violation of 18 U.S.C. § 1708. He contends that he was
sentenced in contravention of United States v. Booker, 543 U.S.
220 (2005).
Jones’s plea agreement contained an express waiver of his
right to appeal his sentence and he retained only the “rights
(a) to bring a direct appeal of (i) a sentence exceeding the
statutory maximum punishment, (ii) an upward departure from the
*
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this opinion should not be published and is not precedent except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. 04-11465
-2-
guideline range deemed applicable by the district court, or
(iii) an arithmetic error at sentencing, and (b) a claim of
ineffective assistance of counsel.” The Government seeks to
enforce the waiver. Our review of the record indicates that the
waiver was knowing and voluntary and that under its plain
language, it bars Jones’s Booker arguments. See United States v.
Bond, 414 F.3d 542, 545-46 (5th Cir. 2005). The waiver is not
invalid merely because it was made before Booker. See United
States v. Burns, 433 F.3d 442, 450-51 (5th Cir. 2005).
AFFIRMED.