Filed: May 10, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-60568 Document: 00514951842 Page: 1 Date Filed: 05/10/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-60568 May 10, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TERRY LEE REDDIX, also known as Fat, also known as Fathead, also known as Twin, Defendant-Appellant Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:17-CR-68-1 Be
Summary: Case: 18-60568 Document: 00514951842 Page: 1 Date Filed: 05/10/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-60568 May 10, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TERRY LEE REDDIX, also known as Fat, also known as Fathead, also known as Twin, Defendant-Appellant Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:17-CR-68-1 Bef..
More
Case: 18-60568 Document: 00514951842 Page: 1 Date Filed: 05/10/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-60568 May 10, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TERRY LEE REDDIX, also known as Fat, also known as Fathead, also known
as Twin,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:17-CR-68-1
Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Terry Lee Reddix appeals his below-guidelines sentence after pleading
guilty, pursuant to a written plea agreement, to possession of a controlled
substance with intent to distribute. Reddix challenges the sentence as
procedurally unreasonable on the basis that the district court erroneously
imposed enhancements to his guidelines range without sufficient evidence.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-60568 Document: 00514951842 Page: 2 Date Filed: 05/10/2019
No. 18-60568
The Government moves to dismiss the appeal because of an appeal waiver in
Reddix’s plea agreement; alternatively, it moves for summary affirmance.
We review de novo whether an appeal waiver bars an appeal. United
States v. Keele,
755 F.3d 752, 754 (5th Cir. 2014). Based on our review of the
record, Reddix knowingly and voluntarily entered his plea agreement,
including the appeal waiver, which is enforceable and bars his appeal. See
United States v. McKinney,
406 F.3d 744, 746 (5th Cir. 2005). There is no merit
to Reddix’s contention that his appeal waiver was unknowing because he
entered into it prior to sentencing and without knowledge of his ultimate
sentence. See United States v. Melancon,
972 F.2d 566, 567-68 (5th Cir. 1992).
We GRANT the Government’s motion to dismiss and need not address
the alternate motion for summary affirmance.
APPEAL DISMISSED.
2