Case: 17-15798 Date Filed: 06/14/2018 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-15798
Non-Argument Calendar
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D.C. Docket No. 2:17-cr-14034-JEM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LOUIS HUFF,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(June 14, 2018)
Before MARTIN, ROSENBAUM, and JILL PRYOR, Circuit Judges.
PER CURIAM:
Louis Huff negotiated a plea agreement with the government under which he
agreed to plead guilty to one count of possession with intent to distribute
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methamphetamine, in violation of
21 U.S.C. § 841(a). As part of that deal, Huff
broadly agreed to waive his right to appeal his sentence in exchange for the
government’s promises to take certain actions at sentencing. The district court
accepted Huff’s guilty plea and then sentenced him to 150 months of
imprisonment, within the guideline range of 135 to 168 months. Huff now appeals
his sentence, arguing that his sentence is unreasonably high. The government has
moved to enforce the appeal waiver. We grant the government’s motion.
We will enforce an appeal waiver that was made knowingly and voluntarily.
United States v. Bascomb,
451 F.3d 1292, 1294 (11th Cir. 2006); United States v.
Bushert,
997 F.2d 1343, 1350–51 (11th Cir. 1993). To prove that a waiver was
made knowingly and voluntarily, the government must show that (1) the district
court specifically questioned the defendant about the waiver during the plea
colloquy; or (2) the record makes clear that the defendant otherwise understood the
full significance of the waiver. Bushert,
997 F.2d at 1351.
We enforce the waiver in Huff’s plea agreement. First, we find that the
waiver was made knowingly and voluntarily. Huff was specifically questioned
about the terms of the waiver, including its exceptions, during the plea colloquy,
and Huff confirmed that he understood the waiver and had discussed it with his
attorney.
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Second, no exception to the waiver applies. By agreeing to the waiver, Huff
waived the right to appeal unless (a) the sentence exceeded the statutory maximum,
(b) the sentence exceeded the guideline range, or (c) the government appealed.
Because Huff’s sentence did not exceed the statutory maximum or his guideline
range and the government has not appealed, the waiver bars this appeal.
For these reasons, we GRANT the government’s motion to dismiss Huff’s
appeal based on the sentence-appeal waiver in his plea agreement.
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