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U.S. v. McKINNEY

No. 04-41223.

406 F.3d 744 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Aundre McKINNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 2005.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Erik R. Sunde, Houston, TX, for McKinney.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Aundre McKinney appeals his sentence in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because McKinney waived his right to appeal as part of his plea agreement, we dismiss the appeal.

I.

McKinney pleaded guilty to federal narcotics charges pursuant to a cooperation agreement with the government. In consideration for the plea, the government

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