United States v. Sillero-Galindo , 85 F. App'x 998 ( 2004 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                  January 28, 2004
    Charles R. Fulbruge III
    Clerk
    No. 02-51201
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    VALENTE SILLERO-GALINDO,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. A-02-CR-127-1-SS
    --------------------
    Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Valente Sillero-Galindo (Sillero) appeals his sentence for
    conspiring to smuggle illegal aliens and money laundering.         He
    asserts that the district court erred in imposing a two-level
    adjustment for obstruction of justice based upon his flight and
    his possession of false identification at the time of his arrest.
    The record reflects that Sillero freely and voluntarily waived
    his right to appeal his sentence, except for an upward departure
    or claims of ineffective assistance and prosecutorial misconduct.
    *
    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    that this opinion should not be published and is not precedent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.
    No. 02-51201
    -2-
    Sillero’s challenge to the upward adjustment is not an upward
    departure.   See United States v. Gaitan, 
    171 F.3d 222
    , 223-24
    (5th Cir. 1999).
    Because Sillero’s waiver of the right to appeal his sentence
    is unambiguous and enforceable, the appeal is DISMISSED for lack
    of jurisdiction.   See United States v. Martinez, 
    263 F.3d 436
    ,
    438 (5th Cir. 2001).
    APPEAL DISMISSED.
    

Document Info

Docket Number: 02-51201

Citation Numbers: 85 F. App'x 998

Judges: Davis, Higginbotham, Per Curiam, Prado

Filed Date: 1/28/2004

Precedential Status: Non-Precedential

Modified Date: 8/1/2023