United States v. Alexander

* 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this opinion should not be published and is not precedent except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
June 19, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-41416
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHANNA ALEXANDER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:06-CR-230-2
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Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Shanna Alexander appeals the sentence imposed following
her guilty-plea conviction of aiding and abetting the possession
with intent to distribute methamphetamine. She argues that the
district court erred by failing to adjust her offense level for
her role in the offense. She argues that her appeal is not
barred by the appeal waiver provision in her plea agreement
because the district court made a statement suggesting that she
was not waiving her argument for an adjustment for her role in
the offense. The Government seeks to enforce the waiver.

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No. 06-41416
-2-
We conclude that Alexander was adequately informed of the
terms of the waiver provision and that she indicated her
knowledge and understanding of the plea agreement. See United
States v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005). The
district court’s statement at sentencing--a statement Alexander
would have us read out of context--had no effect on the validity
of the waiver provision. See United States v. Melancon, 972 F.2d
566, 568 (5th Cir. 1992). Accordingly, we enforce the waiver and
affirm the district court’s judgment.
AFFIRMED.

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