USA v. Sade Tyler
Filing
UNPUBLISHED OPINION FILED. [14-60718 Dismissed 14-60719 Dismissed ] Judge: TMR , Judge: JES , Judge: CH Mandate pull date is 08/28/2015 for Appellant S'ade Tyler; granting motion to dismiss appeal filed by Appellee USA [7890233-2]; denying motion for summary affirmance filed by Appellee USA [7890233-3] [14-60718, 14-60719]
Case: 14-60718
Document: 00513145794
Page: 1
Date Filed: 08/07/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-60718
c/w No. 14-60719
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
August 7, 2015
Lyle W. Cayce
Clerk
UNITED STATE OF AMERICA,
Plaintiff-Appellant
v.
S’ADE TYLER,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Mississippi
USDC No. 3:13-CR-10-1
USDC No. 3:13-CR-8-6
Before REAVLEY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
S’ade Tyler challenges the sentences imposed upon her guilty plea
convictions of wire fraud and conspiracy to defraud the United States
Government. She argues that the district court erroneously determined the
amount of restitution in Case No. 3:13-CR-8-6 because the restitution amount
included intended, but not actual, loss amounts. She also argues that the
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-60718
Document: 00513145794
Page: 2
Date Filed: 08/07/2015
No. 14-60718
c/w No. 14-60719
district court erred by denying the Government’s motion for a downward
departure pursuant to U.S.S.G. § 5K1.1 without considering the nature or
extent of Tyler’s cooperation. Relying on the appellate waiver in the plea
agreement, the Government seeks dismissal of the appeal or, alternatively,
summary affirmance.
We review the validity of an appeal waiver de novo. United States v.
Baymon, 312 F.3d 725, 727 (5th Cir. 2002). The waiver provision broadly
waived Tyler’s right to appeal her sentence. She did not reserve any appeal
rights. The record of her rearraignment shows that the waiver was knowing
and voluntary, as Tyler knew she had the right to appeal and that she was
giving up that right in the plea agreement. See United States v. Portillo, 18
F.3d 290, 292 (5th Cir. 1994).
Because the plain language of the waiver
provision applies to Tyler’s challenge to her sentences, we will enforce the
waiver and DISMISS the appeal. See United States v. Bond, 414 F.3d 542, 544,
546 (5th Cir. 2005). The Government’s motion to dismiss is GRANTED, and
its alternative motion for summary affirmance is DENIED.
2
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