United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 6, 2006
Charles R. Fulbruge III
Clerk
No. 04-41385
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT DWAYNE WALKER,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CR-22-ALL
Before JONES, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Robert Dwayne Walker appeals the sentence imposed
following his guilty-plea conviction for possession with intent to
distribute five or more grams of cocaine base in violation of
21 U.S.C. § 841(a)(1). Walker argues that the district court erred
in increasing his offense level under U.S.S.G. § 2D1.1(b)(1) and
that the enhancement violated the Supreme Court’s ruling in United
States v. Booker, 543 U.S. 220 (2005). However, Walker knowingly
and voluntarily waived his appellate rights, the Government seeks
*
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this opinion should not be published and is not precedent except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.
to enforce the waiver, Walker’s sentencing claim does not fall
within any of the exceptions to the appeal waiver, and the plain
language of the waiver bars this appeal. See United States v.
Story, 439 F.3d 226, 230-31 (5th Cir. 2006); United States v. Bond,
414 F.3d 542, 546 (5th Cir. 2005); United States v. McKinney,
406 F.3d 744, 746 (5th Cir. 2005).
AFFIRMED.
2