Case: 12-50029 Document: 00512092342 Page: 1 Date Filed: 12/21/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 21, 2012
No. 12-50029
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ESEQUIEL HERNANDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:02-CR-1114-1
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Esequiel Hernandez appeals the reasonableness of the sentence imposed
following his guilty plea to conspiracy to posses with intent to distribute
marijuana. The Government has invoked the appellate waiver provision
contained in his written plea agreement. See United States v. Acquaye, 452 F.3d
380, 381-82 (5th Cir. 2006). Our review of the record reveals that the waiver
was knowing and voluntary and that under the plain language of the plea
agreement, it applies to the circumstances at issue. See United States v. Bond,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 12-50029 Document: 00512092342 Page: 2 Date Filed: 12/21/2012
No. 12-50029
414 F.3d 542, 544 (5th Cir. 2005). Consequently, the waiver bars the instant
appeal.
AFFIRMED.
2