USA v. Dora Flores-Quintana


UNPUBLISHED OPINION FILED. [11-40076 Affirmed ] Judge: CDK , Judge: EGJ , Judge: JEG Mandate pull date is 11/04/2011 for Appellant Dora Maria Flores-Quintana [11-40076]

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Case: 11-40076 Document: 00511632992 Page: 1 Date Filed: 10/14/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40076 Summary Calendar October 14, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DORA MARIA FLORES-QUINTANA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10-CR-2225-1 Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM:* Dora Maria Flores-Quintana (Flores) pleaded guilty pursuant to a written plea agreement to possession with intent to distribute more than one kilogram of heroin, and she was sentenced within the guidelines range to 135 months of imprisonment and five years of supervised release. Flores agreed in the written plea agreement to waive her right to appeal her conviction, her sentence, and the manner in which her sentence was determined, with no exceptions. The Government has expressed its intent to enforce the waiver. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 11-40076 Document: 00511632992 Page: 2 Date Filed: 10/14/2011 No. 11-40076 Flores argues on appeal that her sentence is substantively unreasonable because it is greater than necessary to meet the goals of 18 U.S.C. § 3553(a). However, this argument is barred by her appeal waiver. See United States v. Story, 439 F.3d 226, 231 (5th Cir. 2006). Although Flores asserts that if the Government enforces the waiver, she preserves for possible Supreme Court review “her argument that appeal waivers made without knowledge of the rights being sacrificed are neither knowing nor voluntary,” she has not adequately briefed the issue, and thus she has abandoned it. See United States v. Trujillo, 502 F.3d 353, 360 & n.30 (5th Cir. 2007); Hughes v. Johnson, 191 F.3d 607, 612-13 (5th Cir. 1999); Beasley v. McCotter, 798 F.2d 116, 118 (5th Cir. 1986). AFFIRMED. 2

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