United States v. Walker
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 9, 2026
Docket26-60207
StatusUnpublished
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Full Opinion
Case: 26-60207 Document: 54-1 Page: 1 Date Filed: 11/09/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 26-60207 November 9, 2026
Summary Calendar
____________ Thomas B. Plunkett, III
Clerk
United States of America,
Plaintiff—Appellee,
versus
Roman Raycharles Walker,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:25-CR-22-1
______________________________
Before King, Higginson, and Douglas, Circuit Judges.
Per Curiam:*
Roman Raycharles Walker pleaded guilty to possessing with intent to
distribute a mixture or substance containing a detectable amount of fentanyl
and was sentenced to 188 months of imprisonment and five years of
supervised release. His plea agreement included an appeal waiver in which
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-60207 Document: 54-1 Page: 2 Date Filed: 11/09/2026
No. 26-60207
he waived the right to appeal his sentence on all grounds and reserved only
the right to pursue a claim of ineffective assistance of counsel.
Walker argues that the district court erred in applying several
enhancements under the Sentencing Guidelines and that his sentence
resulted in an unwarranted disparity with other defendants convicted of drug
crimes. The Government moves to enforce the appeal waiver and dismiss
the appeal and, alternatively, moves for summary affirmance based on its
entitlement to enforce the waiver. Walker asserts that he did not knowingly
and voluntarily waive his right to appeal because he did not fully understand
the terms of the waiver and its exceptions.
We review the enforceability of appeal waivers de novo. United States
v. Madrid, 978 F.3d 201, 204 (5th Cir. 2020). To determine whether a waiver
bars an appeal, we conduct a two-step inquiry, first examining “whether the
waiver was knowing and voluntary” and then considering “whether the
waiver applies to the circumstances at hand, based on the plain language of
the agreement.” United States v. Kelly, 915 F.3d 344, 348 (5th Cir. 2019)
(internal quotation marks and citation omitted). Both conditions are satisfied
here.
Accordingly, the Government’s motion to enforce the appeal waiver
is GRANTED, and the appeal is DISMISSED. The Government’s
alternative motion for summary affirmance is DENIED.
2