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U.S. v. BOND

No. 04-41125 Summary Calendar.

414 F.3d 542 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Casey Everett BOND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 2005.

Attorney(s) appearing for the Case

John B. Stevens, Jr. (argued), Beaumont, TX, for U.S.

Joseph C. Hawthorn, Law Office of Joseph C. Hawthorn, Beaumont, TX, for Bond.

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Casey Bond appeals his sentence in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).1 Although Bond pleaded guilty pursuant to a plea agreement that included an appeal-waiver provision, he argues that he still has the right to appeal by virtue of a provision in the agreement that authorizes appeal of sentences exceeding the "statutory maximum." He reasons that ...

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