Conference Calendar UNITED STATES OF AMERICA v. Kenneth Green

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30166
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
KENNETH GREEN
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CR-280-1
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Kenneth Green pleaded guilty to possession of a firearm by a felon, and
the district court varied from the Guidelines and sentenced Green to 60 months
of imprisonment. Green argues that the district court’s refusal to allow counsel
to comment on sentencing matters after the court announced its intention to
impose, sua sponte, a non-guidelines sentence violated Federal Rule of Criminal
Procedure 32(i)(1)(C) and the Due Process Clause. The Government seeks
enforcement of the sentence-appeal waiver in the plea agreement.
United States Court of Appeals
Fifth Circuit
F I L E D
October 24, 2007
Charles R. Fulbruge III
Clerk

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No. 07-30166
2
Our review of the record shows that Green’s sentence-appeal waiver was
knowing and voluntary and that, under the plain language of the plea
agreement, the waiver applies to the circumstances at hand. See United States
v. Burns, 433 F.3d 442, 445-46 (5th Cir. 2005); United States v. Bond, 414 F.3d
542, 544 (5th Cir. 2005). Green’s argument that the asserted sentencing error
is not subject to waiver is not supported by relevant authority and is not
persuasive. Accordingly, Green’s appeal waiver bars review of the issues he
seeks to raise on appeal.
AFFIRMED.

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