United States v. Rodriguez

* 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this opinion should not be published and is not precedent except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
May 30, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50771
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAUL WONG RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:03-CR-565-2
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Before REAVLEY, JOLLY and OWEN, Circuit Judges.
PER CURIAM:*
Raul Wong-Rodriguez appeals from his conviction of
conspiracy to possess with intent to distribute methamphetamine.
Wong-Rodriguez challenges his sentence, raising several arguments
that are barred by the appeal-waiver provision of his plea
agreement. See United States v. Burns, 433 F.3d 442, 450-51 (5th
Cir. 2005); United States v. Bond, 414 F.3d 542, 544 (5th Cir.
2005). Wong-Rodriguez contends that he received ineffective
assistance of counsel in several respects, but the record is not

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No. 04-50771
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sufficiently developed for us to address any of those
ineffective-assistance contentions. See United States v. Higdon,
832 F.2d 312, 314 (5th Cir. 1987). Finally, Wong-Rodriguez
contends that his indictment was duplicitous, and he raises a
claim based on a typographical error in counts of the indictment
to which he did not plead guilty. Wong-Rodriguez’s guilty plea
waived his non-jurisdictional contentions regarding his
indictment. See United States v. Lampazianie, 251 F.3d 519, 526
(5th Cir. 2001).
AFFIRMED.

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