United States v. Osho

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 11, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20257
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GANIYU ATANDA OSHO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-127-1
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Ganiyu Atanda Osho appeals the 57-month sentence imposed
following his guilty-plea conviction for aiding and abetting and
possession of stolen mail. As part of his plea agreement, Osho
agreed to waive the right to appeal the sentence imposed and the
manner in which it was determined, except for a sentence above
the statutory maximum or an upward departure from the Sentencing
Guidelines. The Government seeks to enforce the waiver. Osho
argues that this waiver does not bar his appeal because his

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No. 04-20257
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sentence exceeds the statutory maximum under United States v.
Booker, 543 U.S. 220 (2005), since his sentence was enhanced
based on facts to which he did not admit. He also contends that
he could not have waived his rights under a decision that had not
been issued at the time he pleaded guilty.
Osho’s appeal waiver is enforceable and bars his right to
challenge his sentence on the grounds asserted. See United
States v. Burns, 433 F.3d 442, 450-51 (5th Cir. 2005); United
States v. Bond, 414 F.3d 542, 545 (5th Cir. 2005); United States
v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002).
AFFIRMED.

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