Opinion
No. 06-31003, Summary Calendar.
July 24, 2007.
William P. Gibbens, U.S. Attorney's Office Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.
Richard William Westling, Law Offices of Richard W. Westling, New Orleans, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:03-CR-235.
Before KING, DAVIS, and CLEMENT, Circuit Judges.
Keith Smith appeals the sentence imposed on remand following his guilty-plea conviction for conspiracy to possess with intent to distribute cocaine base. He argues that the district court used information protected by an immunity agreement to calculate his sentencing range under the Sentencing Guidelines in violation of U.S.S.G. § 1B1.8.
The Government argues that Smith's appeal is barred by an appeal waiver included in Smith's written plea agreement. In the absence of the transcripts necessary for a review of the voluntariness of Smith's waiver, this court will not consider this issue. See Powell v. Estelle, 959 F.2d 22, 26 (5th Cir. 1992) (party raising an issue has duty to provide the record relating to that issue); United States v. Dunham Concrete Prods., Inc., 475 F.2d 1241, 1251 (5th Cir. 1973) (same).
In view of the evidence presented at the evidentiary hearing on remand, Smith has not shown that the district court clearly erred in finding that the Government established that the evidence used to calculate Smith's offense level was obtained from legitimate, independent sources-Smith's own admissions prior to the agreement, wiretap evidence, and an interview with an individual who purchased crack cocaine from Smith. See United States v. Gibson, 48 F.3d 876, 879 (5th Cir. 1995).
AFFIRMED.