United States v. Brandon Thomas

Case: 13-31197 Document: 00512925990 Page: 1 Date Filed: 02/04/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 13-31197
Summary Calendar
United States Court of Appeals
Fifth Circuit

FILED
February 4, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee

v.

BRANDON J. THOMAS,

Defendant-Appellant

Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:10-CR-206-1

Before Davis, Clement, and Costa, Circuit Judges.
PER CURIAM: *
Brandon J. Thomas appeals the 90-month term of imprisonment
imposed on resentencing for his conviction for possession with intent to
distribute 50 grams or more of cocaine base. Thomas argues that the district
court erroneously based the upward variance on his prior involvement in dog
fighting and thus his sentence is greater than necessary to comply with the
purposes set forth in 18 U.S.C. § 3553(a)(2).

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-31197 Document: 00512925990 Page: 2 Date Filed: 02/04/2015

No. 13-31197

In response to Thomas’s challenge to the substantive reasonableness of
his sentence, the Government argues, among other things, that this court
should dismiss Thomas’s appeal based upon the plea agreement’s appeal
waiver. Pursuant to the terms of the waiver, Thomas waived the right to
directly appeal his sentence on any ground, reserving only the right to
challenge any sentence imposed in excess of the statutory maximum; this
waiver includes the instant substantive reasonableness challenge. Because
the appeal waiver was knowing and voluntary and because the Government
seeks the enforcement of the appeal waiver, the appeal is dismissed. See
United States v. Walters, 732 F.3d 489, 491 (5th Cir. 2013), cert. denied, 134 S.
Ct. 1349 (2014).
APPEAL DISMISSED.

2