United States v. Cornett ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10139
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONALD CORNETT,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:98-CR-151-6-X
--------------------
October 17, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ronald Cornett appeals the district court’s enhancement of
his base offense level pursuant to U.S.S.G. § 2S1.3(b)(1).
Concluding that Cornett waived his right to appeal, we dismiss
the appeal as frivolous. Cornett’s first contention that a
waiver-of-appeal provision is not valid where the sentence is
unknown is foreclosed by our decision in United States v.
Melancon, 972 F.2d 566, 567 (5th Cir. 1992), in which we held
that a defendant may waive his right to appeal, and that
*
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that this opinion should not be published and is not precedent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. 00-10139
-2-
uncertainty of a sentence does not render such a waiver
uninformed.
We also conclude that the district court’s failure to
admonish Cornett specifically about the waiver does not render
the waiver unknowing or involuntary. The waiver was recited
orally at the plea hearing, and Cornett confirmed to the court
that the plea agreement as summarized was the agreement as he
understood it. See United States v. Portillo, 18 F.3d 290, 292
(5th Cir. 1994). We decline Cornett’s invitation to reconsider
our holdings in either Melancon or Portillo as one panel may not
overrule the prior decision of another panel. See Barber v.
Johnson, 145 F.3d 234, 237 (5th Cir.), cert. denied, 525 U.S.
1005 (1998). We further note that Cornett has pointed to no
evidence suggesting that his waiver was not, in fact, knowing or
voluntary. Accordingly, we DISMISS the appeal as frivolous. See
5TH CIR. R. 42.2.
DISMISSED AS FRIVOLOUS.