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this opinion should not be published and is not precedent except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
December 20, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-60281
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLAUDE CHRISTOPHER JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:03-CR-29-1
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Claude Christopher Johnson appeals the sentence
imposed following his guilty-plea conviction for bank
robbery. He argues that his appeal is not barred by
the appeal waiver provision in his memorandum of
understanding (MOU) with the Government because the

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No. 05-60281
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district court did not adequately address the waiver
provision at rearraignment. The Government seeks to
enforce the waiver.
We hold that Johnson was adequately informed of the
terms of the waiver provision and that he indicated his
knowledge and understanding of the MOU. See United
States v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005).
Accordingly, we enforce the waiver and affirm the
district court’s judgment.
The Government’s motion to dismiss the appeal is
denied because a valid appeal waiver does not implicate
our jurisdiction. United States v. Story, 439 F.3d
226, 230-31 (5th Cir. 2006).
AFFIRMED; MOTION DENIED.

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