Legal Opinion

United States v. Navarrette

Court of Appeals for the Fifth Circuit

Decided July 7, 2004No. 03-51080Published

1Opinion of the Court

PER CURIAM: *

Ismael Navarrette appeals from his sentence for abusive sexual conduct in violation of 18 U.S.C. § 2244(a)(2). Navarrette argues that he may challenge his sentence despite his waiver of his right to appeal.

This court reviews de novo whether a waiver of appeal bars an appeal. United States v. Baymon, 812 F.3d 725, 727 (5th Cir.2002). Navarrette knowingly and voluntarily waived his right to appeal his sentence. See United States v. Portillo, 18 F.3d 290, 292-93 (5th Cir.1994). Navarrette’s waiver of appeal is enforceable and bars the present appeal.

APPEAL DISMISSED.

Pursuant to 5th…

2Cases cited2 opinions

  1. United States v. Nicholas Arthur PortilloCourt of Appeals for the Fifth Circuit · 1994
  2. SEIU United Healthcare Workers-West v. Los Robles Regional Medical CenterCourt of Appeals for the Ninth Circuit · 2015

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