USA v. Sade Tyler


UNPUBLISHED OPINION FILED.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]

Download PDF
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?