UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

CALVIN BROWN,

Defendant-Appellant.	No. 96-8126

(D.C. No. 96-CR-41-02J)

(District of Wyoming)

ORDER AND JUDGMENT*

Before BRORBY, EBEL and KELLY, Circuit Judges.

Calvin Brown accepted a plea agreement and pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine base, 21 U.S.C. § 846 and 21 U.S.C. § 841. He was sentenced to sixty-three months' imprisonment and now appeals his sentence.

In Brown's plea agreement, however, he waived his right to appeal his sentence. Paragraph 14 of the plea agreement states: "The Defendant agrees to waive his right to appeal the sentence he receives as a result of this Plea Agreement. However, if the United States appeals the Defendant's sentence pursuant to 18 U.S.C. § 3742(B), the Defendant is released from his waiver." The court directed Brown's attention to this provision during his change of plea hearing and Brown acknowledged the waiver. (Plea Tr. at 14-15.)1 On appeal Brown does not allege that his acceptance of the waiver provision was unknowing or involuntary, does not challenge the plea agreement, and does not attempt to explain why the waiver provision should not be upheld.

We find no reason not to hold Brown to his negotiated plea agreement. The United States has not appealed Brown's sentence, and consequently by the plain terms of his plea agreement Brown has waived his right to appeal. The appeal is DISMISSED.

The mandate shall issue forthwith.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge