Case: 22-11102 Document: 108-1 Page: 1 Date Filed: 03/18/2024
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-11102
Summary Calendar FILED
____________ March 18, 2024
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Adam Contreras,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-43-1
______________________________
Before Wiener, Stewart, and Douglas, Circuit Judges.
Per Curiam: *
Adam Contreras pleaded guilty, pursuant to a written plea agreement,
to possessing with the intent to distribute a controlled substance. The district
court sentenced him to 240 months of imprisonment and three years of
supervised release. On appeal, Contreras argues that the district court
committed plain error by not allowing him the opportunity to allocute at
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-11102 Document: 108-1 Page: 2 Date Filed: 03/18/2024
No. 22-11102
sentencing, in violation of Federal Rule of Criminal Procedure
32(i)(4)(A)(ii). Though Contreras’s plea agreement contains an appellate
waiver, he argues that this court should not enforce the appeal waiver under
a miscarriage-of-justice exception.
Whether an appeal waiver bars an appeal is a question we review de
novo. United States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). Although
some other circuits have recognized the possibility of a miscarriage-of-justice
exception to appeal waivers, “we have declined explicitly either to adopt or
to reject it.” United States v. Barnes, 953 F.3d 383, 389 (5th Cir. 2020).
Nevertheless, Contreras has failed to explain the scope of a potential
miscarriage-of-justice exception or why it should apply to his unpreserved
allocution challenge. See id. Accordingly, Contreras’s appeal waiver bars
this appeal. See United States v. Story, 439 F.3d 226, 230-31 & n.5 (5th Cir.
2006).
APPEAL DISMISSED.
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