U.S. v. BURNS

No. 04-11357.

433 F.3d 442 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Creadell BURNS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 2005.


Attorney(s) appearing for the Case

Delonia Anita Watson, Fort Worth, TX, for U.S.

Jason Douglas Hawkins, Dallas, TX, for Burns.

Before GARWOOD, PRADO and OWEN, Circuit Judges.


GARWOOD, Circuit Judge:

Creadell Burns seeks to appeal his sentence on the ground that the district court erred by treating the Federal Sentencing Guidelines as mandatory. Finding that Burns entered into a valid appeal waiver that encompasses this appeal, we dismiss Burns's appeal.

Proceedings Below

On November 13, 2002, Burns and six co-defendants were indicted in the United States District Court for the Northern District of Illinois. The twenty...

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