Filed: May 05, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-10668 Document: 00513031491 Page: 1 Date Filed: 05/05/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 14-10668 Fifth Circuit FILED Summary Calendar May 5, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE COLORADO PEREZ, Also Known as Jose Perez, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Texas No. 3:13-CR-247-5 Before SMITH, WIENER, and ELROD, Circuit
Summary: Case: 14-10668 Document: 00513031491 Page: 1 Date Filed: 05/05/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 14-10668 Fifth Circuit FILED Summary Calendar May 5, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE COLORADO PEREZ, Also Known as Jose Perez, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Texas No. 3:13-CR-247-5 Before SMITH, WIENER, and ELROD, Circuit ..
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Case: 14-10668 Document: 00513031491 Page: 1 Date Filed: 05/05/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-10668
Fifth Circuit
FILED
Summary Calendar May 5, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
JOSE COLORADO PEREZ, Also Known as Jose Perez,
Defendant−Appellant.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:13-CR-247-5
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
Jose Colorado Perez appeals his sentence for possession with intent to
distribute heroin in violation of 21 U.S.C. § 841. Although Colorado Perez
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-10668 Document: 00513031491 Page: 2 Date Filed: 05/05/2015
No. 14-10668
claims that his appellate waiver is unenforceable, the record shows that it was
knowing and voluntary, because he knew that he had the right to appeal and
that he was giving up that right by entering into the plea agreement. See
United States v. Bond,
414 F.3d 542, 544 (5th Cir. 2005); United States v. Por-
tillo,
18 F.3d 290, 292-93 (5th Cir. 1994); see also United States v. Jacobs,
635
F.3d 778, 781 (5th Cir. 2011). Additionally, the waiver, which the government
invokes, precludes consideration of Colorado Perez’s claim concerning his sen-
tence. Accordingly, the government’s motion to dismiss is GRANTED, and the
appeal is DISMISSED.
2