United States v. Castanon , 115 F. App'x 227 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 16, 2004
Charles R. Fulbruge III
Clerk
No. 04-50297
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RENE GUILLERMO CASTANON,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-03-CR-659-1-DB
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Rene Guillermo Castanon appeals from his conviction of
possessing with intent to distribute methamphetamine. Castanon,
for the first time on appeal, contends that the adjustments to
his offense level violated Blakely v. Washington, 124 S. Ct. 2531(2004), and constituted plain error. Castanon correctly concedes
that his argument is foreclosed by United States v. Pineiro, 377
F.3d 464 (2004), petition for cert. filed (U.S. July 14, 2004)
(No. 04-5263), but he raises the issue to preserve it for further
review.
*
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this opinion should not be published and is not precedent except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. 04-50297
-2-
Castanon contends that the district court erred by not
awarding him a two-level “safety-valve” adjustment; by adjusting
his offense level for an aggravating role; and by failing to
adjust his offense level for a mitigating role. Castanon argues
that his waiver of the right to appeal his sentence was unknowing
and involuntary because he suffered from unspecified psychiatric
problems.
The record indicates that Castanon’s waiver was knowing and
voluntary. See United States v. Robinson, 187 F.3d 516, 518
& n.2 (5th Cir. 1999). The record does not support Castanon’s
assertion that he was impaired by a psychiatric condition.
Because Castanon waived the right to appeal his sentence, we do
not address his contentions regarding application of the
sentencing guidelines.
AFFIRMED.