Filed: Sep. 29, 2021
Latest Update: Sep. 30, 2021
Case: 21-60296 Document: 00516035095 Page: 1 Date Filed: 09/29/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
September 29, 2021
No. 21-60296 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
John Robert Beck,
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:19-CR-53-1
Before Davis, Jones, and Elrod, Circuit Judges.
John Robert Beck appeals the 15-month sentence he received
following his guilty plea conviction for possession of a firearm by a felon. He
argues that the district court erred in failing to grant his request for a below-
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-60296 Document: 00516035095 Page: 2 Date Filed: 09/29/2021
The Government moves to dismiss the appeal or, alternatively, for
summary affirmance based on the appellate waiver in Beck’s written plea
agreement. Beck has not responded to the motion or otherwise addressed
the validity of the waiver provision. See United States v. Reagan, 596 F.3d 251
254 (5th Cir. 2010); United States v. Still, 102 F.3d 118
, 122 n.7 (5th Cir.
1996); see also Beasley v. McCotter, 798 F.2d 116
, 118 (5th Cir. 1986). Even
had he briefed it, any argument that the waiver is unenforceable would be
unavailing. See United States v. McKinney, 406 F.3d 744
, 746 & n.2 (5th Cir.
Because the waiver is valid and plainly applies to Beck’s sentencing
challenge, the Government’s motion to dismiss the appeal is GRANTED.
Its alternative motion for summary affirmance is DENIED.