United States v. Johnson

* 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this opinion should not be published and is not precedent except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 17, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-20022
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER JEROME JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-330-1
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Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
Christopher Jerome Johnson was convicted of one charge of
possession of five or more grams of cocaine base with intent to
distribute and sentenced to serve 120 months in prison. Johnson
appeals his sentence. He argues that the appellate waiver clause
in his plea agreement is invalid because it is too broad and that
his sentence is improper under United States v. Booker, 543 U.S.
220 (2005). The Government contends that the waiver clause is
valid and should be enforced.

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No. 06-20022
-2-
The record reflects that Johnson knowingly and voluntarily
waived his appellate rights. See United States v. Melancon,
972 F.2d 566, 567-68 (5th Cir. 1992). Consideration of Johnson’s
Booker claim is barred by the plain language of the waiver.
See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005).
Accordingly, we do not consider the merits of Johnson’s
sentencing challenge, and the judgment of the district court is
AFFIRMED.

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