Woodard

MEMORANDUM *

Marvin Woodard appeals his conviction and sentence. The facts are known to the parties, so we do not recite them here. We affirm the district court.

Woodard pleaded guilty to all aspects of Count Two of the second superseding indictment except for the amount of the controlled substance attributable to him. Woodard also waived, to some extent, his rights to appeal. Though the plea agreement could certainly be considerably clearer, the district court clarified at the plea hearing that the agreement waived Woodard’s right to appeal, with a limited exception for rulings made in the course of the bench trial, and Woodard and his counsel agreed. Thus, Woodard’s waiver of his appellate rights is enforceable. 1 Woodard entered into the agreement knowingly and voluntarily.

Woodard may, therefore, not appeal the district court’s determination of drug weight or his sentence, as those final determinations are within the appeal waiver. The question whether the district court properly allowed the government to introduce evidence not in the record of the lead coconspirators’ trial is, however, outside the scope of the appeal waiver, as it involves a ruling during trial. We…