USA v. Irvin Lawrence
UNPUBLISHED OPINION FILED. [13-20170 Dismissed ] Judge: JLW , Judge: PRO , Judge: CH Mandate pull date is 03/06/2014 for Appellant Irvin Warren Lawrence; granting motion to dismiss appeal filed by Appellee USA [7536421-2] [13-20170]
Date Filed: 02/13/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
February 13, 2014
Lyle W. Cayce
UNITED STATES OF AMERICA,
IRVIN WARREN LAWRENCE,
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:12-CR-199-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Irvin Warren Lawrence pleaded guilty to conspiracy to commit bank
fraud and was sentenced to 51 months of imprisonment, at the top of the
applicable guidelines imprisonment range.
He also pleaded guilty to
aggravated identity theft, for which he received a consecutive 24-month prison
term. Lawrence now challenges the 51-month sentence he received on his
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 02/13/2014
As part of his plea agreement, Lawrence waived his right to appeal his
conviction and sentence.
We enforce such waivers when knowing and
voluntary. United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005).
extent Lawrence is claiming that he was misadvised about the waiver at the
re-arraignment hearing, he has failed to include the hearing transcript as part
of the record on appeal. See Fed. R. App. Pro. 10. More importantly, he has
wholly failed to raise any issue about the validity of his appeal waiver, 414
F.3d at 544, or brief any challenges to it despite acknowledging the existence
of the waiver and receiving the Government’s motion to dismiss based upon
the waiver (to which no response was filed). Accordingly, we conclude any such
challenge is waived. United States v. Reagan, 596 F.3d 251, 254 (5th Cir.
2010). 1 We GRANT the Government’s motion to dismiss.
To the extent that Lawrence is claiming he reserved the right to appeal an upward
departure, nothing in the record suggests the sentence was the result of an upward
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