A valid waiver of the right to appeal includes the right to appeal difficult or debatable legal issues or even blatant error.
After pleading guilty to federal drug charges, a defendant challenged his sentence on the grounds that the court used a drug quantity not found by a jury. The government moved to dismiss the appeal based on a waiver in the plea agreement. The court held that an appeal waiver is enforceable if the district court specifically questioned the defendant about the waiver during the plea colloquy or if the record shows the defendant understood its full significance. Because the defendant's challenge involved the application of the sentencing guidelines and did not fall within the agreement's specific exceptions, the waiver applied to the constitutional claims.
At page 1296 Enforcement of appeal waiver including debatable legal issues357 citing caseswaiver of the right to appeal includes waiver of the right to appeal difficult or debatable issues or even blatant error
- United States v. Derek Morales-Figueroa, No. 22-14278 (11th Cir. Jan. 3, 2024).unpublished(An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.)
- United States v. Lasieka Jauwane Lee, No. 19-13606 (11th Cir. Mar. 17, 2020).unpublished(An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.)
- United States v. Dean Morgan, No. 18-11361 (11th Cir. Dec. 11, 2018).unpublished(An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.)
- United States v. Troy Barrett Bryan, No. 25-14180 (11th Cir. Sept. 10, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Juan Martin Sanchez-Suarez, No. 25-13718 (11th Cir. Sept. 3, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Jonathan Rafael Ortega-Martinez, No. 25-14481 (11th Cir. Aug. 25, 2026).unpublished(explaining that a waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Daniel A. Rodriguez, No. 25-14374 (11th Cir. June 17, 2026).unpublishedUnited States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
- United States v. Grismaldo Vallecilla Enriquez, No. 25-13986 (11th Cir. May 27, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Addison Lee Cook, No. 25-13853 (11th Cir. Apr. 20, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Sheldon Jason Burch, No. 25-12085 (11th Cir. Apr. 15, 2026).unpublished(concluding that the waiver of the right to appeal includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error)
Show 189 more citing cases
- United States v. Ike Jackson, Jr., No. 25-11876 (11th Cir. Apr. 6, 2026).unpublished“An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
- United States v. Luis Campuzano, No. 25-13605 (11th Cir. Apr. 6, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Rachael Byrd, No. 25-11238 (11th Cir. Apr. 2, 2026).unpublished(explaining that waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Taboris Mock, No. 25-12321 (11th Cir. Mar. 24, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Jimmy Altidor, No. 25-11029 (11th Cir. Mar. 18, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Yesid Avila Diaz, No. 25-12380 (11th Cir. Mar. 12, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Beatriz Toledo, No. 25-10984 (11th Cir. Feb. 27, 2026).unpublished“An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
- United States v. Pedro Silva Ochoa, No. 25-10901 (11th Cir. Feb. 23, 2026).unpublished“An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or USCA11 Case: 25-10901 Document: 31-1 Date Filed: 02/23/2026 Page: 3 of 10 even blatant error.” United States v. Grinard-Henry, 399 F.3d 129…
- United States v. Kevin Merritt, No. 25-13055 (11th Cir. Feb. 17, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Trenton Knight, No. 24-13389 (11th Cir. Feb. 3, 2026).unpublished“An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
- United States v. Milson Rodriguez Salas, No. 25-12364 (11th Cir. Jan. 30, 2026).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- Dennard, No. 2:24-cv-00152 (M.D. Ala. Jan. 26, 2026).United States v. Bushert, 997 F.2d 1343 , 1350-51 (11th Cir. 1993); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005); see also United States v. Gray, No. 23-11334, 2025 WL 459196 , at *3-5 (11th Cir. Feb. 11, 2025) (sta…
- United States v. Stanley Hodgson, No. 25-10993 (11th Cir. Jan. 6, 2026).unpublishedA valid appeal waiver waives “the right to appeal difficult or debatable legal issues”—including constitutional issues—“or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005); United States v. Bascomb,…
- United States v. Heidi Cid, No. 24-14081 (11th Cir. Dec. 18, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Reginald Maddox, No. 25-11249 (11th Cir. Nov. 28, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Matthew Easton, No. 25-11395 (11th Cir. Nov. 24, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Michael Poix, No. 23-14005 (11th Cir. Nov. 10, 2025).unpublished(concluding that the waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Desiree Rose Carlock, No. 25-11326 (11th Cir. Nov. 7, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Brandon Gage, No. 25-10298 (11th Cir. Sept. 24, 2025).unpublished(explaining that waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Joey Payne, No. 25-10588 (11th Cir. Sept. 24, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Kristian Brown, No. 24-11751 (11th Cir. May 14, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Derrick Keon Doyle, No. 24-12577 (11th Cir. May 14, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Delonte Martin, No. 24-12822 (11th Cir. May 8, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. E'Chavion Semaj Flewellen, No. 24-11359 (11th Cir. Apr. 29, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Marco Camacho-Escobar, No. 24-13052 (11th Cir. Apr. 25, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Christopher Garth, No. 24-12695 (11th Cir. Apr. 23, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Timothy Paul Jones, No. 24-10507 (11th Cir. Apr. 14, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Ervin Taveiras Robinson, No. 24-11411 (11th Cir. Mar. 21, 2025).unpublished(appeal waiver includes “waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Donavan Crawley, No. 22-11591 (11th Cir. Mar. 12, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. James Bess, III, No. 23-14215 (11th Cir. Mar. 6, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Jeremy Powell, No. 23-12565 (11th Cir. Feb. 26, 2025).unpublished“An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
- United States v. Joseph Gray, No. 23-11335 (11th Cir. Feb. 11, 2025).unpublishedIf valid, “[a]n appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
- United States v. Jose Ramon Valero, Jr., No. 23-13214 (11th Cir. Feb. 6, 2025).unpublishedA valid appeal waiver waives “the right to appeal difficult or debatable legal issues”—including constitutional issues—“or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005); see United States v. Basc…
- United States v. Christopher Upshaw, No. 24-11375 (11th Cir. Feb. 3, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Maurice Antwain Diggs, No. 23-10288 (11th Cir. Jan. 31, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Jacquez Jarrone Conley, No. 24-10018 (11th Cir. Jan. 16, 2025).unpublishedIf valid, “[a]n appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
- United States v. Tony Green, No. 24-11985 (11th Cir. Jan. 13, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Rogerick Smith, No. 24-11784 (11th Cir. Jan. 3, 2025).unpublished(waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)
- United States v. Rogelio Israel Pimentel, No. 19-12795 (11th Cir. Feb. 14, 2020).unpublished
- United States v. Bryan Reshaun Wright, No. 19-12506 (11th Cir. Mar. 5, 2020).unpublished
- United States v. Jonathan Christopher Scott, No. 19-12811 (11th Cir. Mar. 6, 2020).unpublished
- United States v. Brandon Darnell Moore, No. 19-13289 (11th Cir. Mar. 12, 2020).unpublished
- United States v. Travell Kinkay Jones, No. 19-12899 (11th Cir. Mar. 13, 2020).unpublished
- United States v. Nathaniel Gordy, No. 18-14714 (11th Cir. Mar. 17, 2020).unpublished
- United States v. Delson Marc, 806 F. App'x 820 (11th Cir. 2020).unpublished
- United States v. Leonel Hernandez, No. 19-13038 (11th Cir. Mar. 30, 2020).unpublished
- United States v. Cecil Dante Buckner, 808 F. App'x 755 (11th Cir. 2020).unpublished
- United States v. Enrique Salgado, No. 19-12435 (11th Cir. Apr. 2, 2020).unpublished
- United States v. Jhon Jairo Gonzalez-Valois, No. 19-13223 (11th Cir. Apr. 6, 2020).unpublished
- United States v. Zyheem Ian Smith, No. 19-12891 (11th Cir. Apr. 29, 2020).unpublished
- United States v. Amy Berg, No. 20-10360 (11th Cir. May 6, 2020).unpublished
- United States v. Tanya Lee English, No. 19-11314 (11th Cir. May 11, 2020).unpublished
- United States v. Terrance Dwayne Williams, No. 19-15180 (11th Cir. May 22, 2020).unpublished
- United States v. Joshua Woodey, No. 19-10361 (11th Cir. June 1, 2020).unpublished
- United States v. Adrianne Davis Miller, No. 19-14079 (11th Cir. June 5, 2020).unpublished
- United States v. Ervin Bradham, No. 19-12995 (11th Cir. June 10, 2020).unpublished
- United States v. Antonio Lamont Green, No. 19-11343 (11th Cir. June 30, 2020).unpublished
- United States v. George French Jones, Jr., No. 19-11646 (11th Cir. July 1, 2020).unpublished
- United States v. Harold Scott Baker, No. 19-14706 (11th Cir. July 1, 2020).unpublished
- United States v. Torrie Chermaine Austin, No. 20-10356 (11th Cir. July 8, 2020).unpublished
- United States v. Thomas Edward Burns, No. 20-10322 (11th Cir. July 24, 2020).unpublished
- United States v. Antonio Pouncy, No. 20-10345 (11th Cir. Aug. 3, 2020).unpublished
- United States v. Rudyver Garcia, No. 20-10921 (11th Cir. Aug. 20, 2020).unpublished
- United States v. Taras Hodivsky, Jr., No. 19-14844 (11th Cir. Sept. 4, 2020).unpublished
- United States v. Allandoe C. Boyd, 975 F.3d 1185 (11th Cir. 2020).published
- United States v. Eric Townsend, No. 20-11863 (11th Cir. Sept. 17, 2020).unpublished
- United States v. Jason Nelson, No. 20-10782 (11th Cir. Sept. 24, 2020).unpublished
- United States v. Kim A. Earlycutt, No. 19-14031 (11th Cir. Oct. 2, 2020).unpublished
- United States v. Bettye Clement Hays, No. 19-14553 (11th Cir. Oct. 23, 2020).unpublished
- United States v. Mathew Shaver, No. 19-15157 (11th Cir. Oct. 26, 2020).unpublished
- United States v. Alejandro Bustamante, No. 20-11367 (11th Cir. Oct. 28, 2020).unpublished
- United States v. Jorge Tulio Montenegro Cortes, No. 20-10972 (11th Cir. Dec. 8, 2020).unpublished
- United States v. Tanya Lee English, No. 19-11317 (11th Cir. Dec. 16, 2020).unpublished
- United States v. Winfred Davez Odom, No. 20-10426 (11th Cir. Dec. 30, 2020).unpublished
- United States v. Sonya Anita Spivey, No. 20-11776 (11th Cir. Jan. 13, 2021).unpublished
- United States v. Jonathan O. Dunlap, No. 20-13099 (11th Cir. Mar. 22, 2021).unpublished
- United States v. Teo A. Jamison, 850 F. App'x 696 (11th Cir. 2021).unpublished
- United States v. Antonio Ahmad, No. 20-14139 (11th Cir. Apr. 9, 2021).unpublished
- United States v. Juan Alberto Flores-Jimenez, No. 19-13147 (11th Cir. Apr. 20, 2021).unpublished
- United States v. Everett J. Taylor, No. 17-15613 (11th Cir. June 10, 2021).unpublished
- United States v. Adrian Vasean Howlet, No. 21-10265 (11th Cir. July 21, 2021).unpublished
- United States v. Michael Agosto-Martinez, No. 20-14196 (11th Cir. July 28, 2021).unpublished
- United States v. Rodney McGhee, No. 21-10506 (11th Cir. July 30, 2021).unpublished
- United States v. Keyon Markqutte Tymes, No. 21-10255 (11th Cir. Aug. 9, 2021).unpublished
- United States v. Yashvin Karkera, No. 20-14170 (11th Cir. Aug. 31, 2021).unpublished
- United States v. Marcus Antonio Grubbs, No. 21-11243 (11th Cir. Sept. 2, 2021).unpublished
- United States v. Daron Lorenzo Hall, No. 21-11120 (11th Cir. Sept. 21, 2021).unpublished
- United States v. Michael Agosto-Martinez, No. 20-14259 (11th Cir. Nov. 24, 2021).unpublished
- United States v. Matthew Allan Smyth, No. 21-11178 (11th Cir. Dec. 7, 2021).unpublished
- United States v. Parvathi Sivanadiyan, No. 21-12220 (11th Cir. Dec. 13, 2021).unpublished
- United States v. Equanzick Howell, No. 20-12791 (11th Cir. Dec. 15, 2021).unpublished
- United States v. Anthony J. Thomas, Jr., No. 21-12375 (11th Cir. Dec. 30, 2021).unpublished
- United States v. Anthony Michele Decotis, Jr., No. 20-12876 (11th Cir. Jan. 12, 2022).unpublished
- United States v. Timothy Lamar Thomas, No. 21-11590 (11th Cir. Feb. 28, 2022).unpublished
- United States v. Richard J. Randolph, III, No. 21-12890 (11th Cir. Mar. 3, 2022).unpublished
- United States v. Jeremy Lyn Hopkins, No. 21-13087 (11th Cir. Apr. 21, 2022).unpublished
- United States v. Erinso Mosquera-Cordoba, No. 21-12304 (11th Cir. Apr. 27, 2022).unpublished
- United States v. Takaria Vashon McCray, No. 21-13055 (11th Cir. Apr. 29, 2022).unpublished
- United States v. Cordarell Upshaw, No. 21-14222 (11th Cir. May 16, 2022).unpublished
- United States v. Kimani Amon Jones, No. 21-13785 (11th Cir. May 23, 2022).unpublished
- United States v. DeAndre Amaad Williams, No. 19-15139 (11th Cir. May 25, 2022).unpublished
- United States v. David Levon Massey, No. 21-13763 (11th Cir. June 1, 2022).unpublished
- United States v. Nathaniel Quiles, No. 21-14245 (11th Cir. June 6, 2022).unpublished
- United States v. Gary Max Anderson, No. 21-14364 (11th Cir. June 10, 2022).unpublished
- United States v. Jack Shuttleworth, No. 21-13443 (11th Cir. June 16, 2022).unpublished
- United States v. Michael T. Watters, No. 21-13478 (11th Cir. July 8, 2022).unpublished
- United States v. James Lampkin, No. 21-13929 (11th Cir. July 15, 2022).unpublished
- Deandre Markee King v. United States, 41 F.4th 1363 (11th Cir. 2022).published
- United States v. Jacob Montgomery Gibson, No. 22-10275 (11th Cir. Aug. 8, 2022).unpublished
- United States v. David Naylor, No. 21-13000 (11th Cir. Aug. 12, 2022).unpublished
- United States v. Gheorge Claudiu Papara, No. 22-10533 (11th Cir. Aug. 29, 2022).unpublished
- United States v. Jose Manuel Gonzalez-Gonzalez, No. 22-10024 (11th Cir. Sept. 15, 2022).unpublished
- United States v. Thomas Joe Fowler, No. 21-14512 (11th Cir. Oct. 5, 2022).unpublished
- United States v. Pablo Florintino Garcia, No. 21-11636 (11th Cir. Nov. 7, 2022).unpublished
- United States v. Darius Sowah Okang, No. 21-10932 (11th Cir. Nov. 8, 2022).unpublished
- United States v. Craig Clark, No. 21-14473 (11th Cir. Nov. 10, 2022).unpublished
- United States v. Derek Lajuan Winston, No. 22-11795 (11th Cir. Nov. 10, 2022).unpublished
- United States v. Fernando Crawford, No. 22-11632 (11th Cir. Nov. 16, 2022).unpublished
- United States v. Shondra Vernon, No. 22-11555 (11th Cir. Nov. 16, 2022).unpublished
- United States v. Edwin Jerome Owens, No. 22-10588 (11th Cir. Dec. 2, 2022).unpublished
- United States v. Erick Orlando Villacorta, No. 21-14379 (11th Cir. Dec. 27, 2022).unpublished
- United States v. Richard Kirkendall, No. 22-10701 (11th Cir. Dec. 30, 2022).unpublished
- United States v. Johnathan Randall Townsend, No. 22-12786 (11th Cir. Jan. 12, 2023).unpublished
- United States v. Hao Kuo Chi, No. 22-12135 (11th Cir. Jan. 19, 2023).unpublished
- United States v. Geonni Bryant, No. 21-14311 (11th Cir. Feb. 7, 2023).unpublished
- United States v. Jasper Blackshear, No. 22-12166 (11th Cir. Feb. 23, 2023).unpublished
- United States v. Edward Alan Hardin, No. 22-13568 (11th Cir. Mar. 1, 2023).unpublished
- United States v. Virgil Dennard, No. 22-12660 (11th Cir. Mar. 8, 2023).unpublished
- United States v. Kelvin Vera, No. 22-12450 (11th Cir. Mar. 14, 2023).unpublished
- United States v. Andre Adam Nguyen, No. 22-10765 (11th Cir. Apr. 10, 2023).unpublished
- United States v. Marvin MJ Mitchell, No. 22-12889 (11th Cir. Apr. 26, 2023).unpublished
- United States v. Artavis Spivey, No. 22-14040 (11th Cir. May 23, 2023).unpublished
- United States v. Danny Wayne Holmes, No. 22-12378 (11th Cir. May 24, 2023).unpublished
- United States v. Johnathan Fleak, No. 23-10263 (11th Cir. June 2, 2023).unpublished
- United States v. Marty Kinard, No. 22-13511 (11th Cir. June 13, 2023).unpublished
- United States v. Thomas Zayas, No. 22-13657 (11th Cir. June 22, 2023).unpublished
- United States v. Clayton Powell, No. 22-14262 (11th Cir. July 5, 2023).unpublished
- United States v. Daniel Cruz, No. 22-13977 (11th Cir. Aug. 21, 2023).unpublished
- United States v. Cornelio Cipriano Tufino-Valencia, No. 23-10320 (11th Cir. Aug. 21, 2023).unpublished
- United States v. Eric Paul Jones, No. 23-10095 (11th Cir. Aug. 24, 2023).unpublished
- United States v. Frantz Mersier, No. 22-12256 (11th Cir. Oct. 5, 2023).unpublished
- United States v. Devin Shakeem Witherspoon, No. 22-14277 (11th Cir. Oct. 19, 2023).unpublished
- United States v. Tevin Souffranc, No. 22-13013 (11th Cir. Oct. 19, 2023).unpublished
- United States v. Wilberto Vivas Renteria, No. 22-13936 (11th Cir. Oct. 23, 2023).unpublished
- United States v. Justin DeWayne Johnson, Sr., No. 22-13991 (11th Cir. Dec. 11, 2023).unpublished
- United States v. Reginald Lowe, No. 22-14299 (11th Cir. Dec. 15, 2023).unpublished
- United States v. Wesley Bailey, Jr., No. 22-14247 (11th Cir. Dec. 28, 2023).unpublished
- United States v. Kirk Michael Lohr, No. 23-11493 (11th Cir. Jan. 5, 2024).unpublished
- United States v. Ontarrio Veal, No. 23-11264 (11th Cir. Jan. 29, 2024).unpublished
- United States v. Jacqueline Susie Mason, No. 23-12673 (11th Cir. Jan. 30, 2024).unpublished
- United States v. Brooke Shawntaye Sparks, No. 23-11828 (11th Cir. Jan. 31, 2024).unpublished
- United States v. Armard Davis, No. 23-12965 (11th Cir. Feb. 8, 2024).unpublished
- United States v. Elsie Marie Crespo, No. 23-11562 (11th Cir. Feb. 8, 2024).unpublished
- United States v. Quinton Olson, No. 23-11940 (11th Cir. Feb. 9, 2024).unpublished
- United States v. Wayne Joseph Cavins, No. 23-11874 (11th Cir. Feb. 21, 2024).unpublished
- United States v. Anthony Wayne Santiago, No. 23-10566 (11th Cir. Feb. 23, 2024).unpublished
- United States v. Jacob Nathaniel Nelson, No. 23-11453 (11th Cir. Mar. 6, 2024).unpublished
- United States v. Herman Fleming, No. 22-12432 (11th Cir. Mar. 6, 2024).unpublished
- United States v. Reginald Deon Sloan, No. 23-11123 (11th Cir. Mar. 11, 2024).unpublished
- United States v. Daniela Rendon, No. 23-12924 (11th Cir. Mar. 25, 2024).unpublished
- United States v. Deiby Ferney Torres-Vallecilla, No. 23-12399 (11th Cir. Apr. 25, 2024).unpublished
- United States v. James Melis, No. 23-12491 (11th Cir. June 3, 2024).unpublished
- United States v. Randy Cofield, No. 23-13458 (11th Cir. June 5, 2024).unpublished
- United States v. Timothy Barnes, No. 24-10062 (11th Cir. June 5, 2024).unpublished
- Johnson v. United States, No. 3:19-cv-00069 (S.D. Ga. June 18, 2020).
- Gunn v. United States, No. 1:22-cv-00151 (S.D. Ga. May 22, 2023).
- United States v. Demontaye Lamar Jones, No. 24-10198 (11th Cir. July 23, 2024).unpublished
- United States v. Alain Jean-Louis, No. 23-14110 (11th Cir. Aug. 6, 2024).unpublished
- United States v. Edward McGee, No. 24-10935 (11th Cir. Aug. 26, 2024).unpublished
- United States v. James Hill, No. 24-10983 (11th Cir. Aug. 28, 2024).unpublished
- United States v. Kevin Scott Thompson, No. 24-11290 (11th Cir. Oct. 4, 2024).unpublished
- United States v. Willie Ware, No. 22-13448 (11th Cir. Oct. 11, 2024).unpublished
- United States v. Robert Smith, No. 24-11842 (11th Cir. Oct. 25, 2024).unpublished
- United States v. Thomas Johnson, No. 23-10533 (11th Cir. Oct. 30, 2024).unpublished
- United States v. Ronnie Lee Seward, No. 24-10446 (11th Cir. Oct. 30, 2024).unpublished
- United States v. Pedro Valencia, No. 23-14216 (11th Cir. Nov. 6, 2024).unpublished
- United States v. Hector Lind, Jr., No. 24-11022 (11th Cir. Nov. 13, 2024).unpublished
- United States v. Prentice Tanniehill, No. 22-12725 (11th Cir. Nov. 20, 2024).unpublished
- United States v. Charles Yannaccone, No. 23-13303 (11th Cir. Nov. 26, 2024).unpublished
- United States v. Ton Ton Aquino, No. 24-10330 (11th Cir. Dec. 18, 2024).unpublished
- United States v. Christopher Dozier, No. 24-12467 (11th Cir. Dec. 26, 2024).unpublished
- United States v. Quontavius Hill, No. 23-13881 (11th Cir. Dec. 27, 2024).unpublished
- United States v. Carlos Ferrer, No. 24-12905 (11th Cir. Dec. 30, 2024).unpublished
- United States v. Jorge Salermo, No. 25-10796 (11th Cir. Oct. 17, 2025).unpublished
- United States v. Yorma Guerra, No. 25-11307 (11th Cir. Dec. 31, 2025).unpublished
- United States v. Charles Hall, No. 24-12885 (11th Cir. Jan. 22, 2025).unpublished
- United States v. Jeremy Kinsey, No. 24-11744 (11th Cir. Feb. 18, 2025).unpublished
- United States v. DeAndre Cannon, No. 24-11811 (11th Cir. May 14, 2025).unpublished
- United States v. Tenzin Orgil, No. 24-11796 (11th Cir. July 16, 2025).unpublished
At page 1297 Waiver barring challenge to sentencing guidelines application9 citing cases[W]e conclude that [appellant’s] Apprendi/Blakely/Booker claim on appeal does not fall within any of the exceptions to his appeal waiver.
- United States v. Orlando Paradise, No. 23-10342 (11th Cir. Oct. 30, 2025).unpublished([W]e conclude that [appellant’s] Apprendi/Blakely/Booker claim on appeal does not fall within any of the exceptions to his appeal waiver.)
- United States v. Green, 405 F.3d 1180 (10th Cir. 2005).published ([Defendant] knowingly and voluntarily waived his right to appeal his sentence on the grounds he asserts on appeal....)
- United States v. Jose Luis Montes, 151 F. App'x 846 (11th Cir. 2005).unpublished
- United States v. Vincent G. Williams, 149 F. App'x 945 (11th Cir. 2005).unpublished
- United States v. Jerryll Anthony Flint, 142 F. App'x 435 (11th Cir. 2005).unpublished
- United States v. Keidric Cook, 140 F. App'x 203 (11th Cir. 2005).unpublished
- United States v. Roberto Salvia, 164 F. App'x 829 (11th Cir. 2006).unpublished
- United States v. Jose Enrique Rodriguez, 185 F. App'x 813 (11th Cir. 2006).unpublished
- United States v. Andre Maurice Lewis, No. 23-10530 (11th Cir. Nov. 30, 2023).unpublished
v.
Mauricio GRINARD-HENRY, Defendant-Appellant
Appellant Mauricio Grinard-Henry appeals his 135-month sentence imposed after he pled guilty to federal drug charges. Specifically, in his initial brief on appeal, Grinard-Henry challenged on Blakely/Ap-prendi grounds the district court’s sentencing him based on a drug quantity greater than the amount to which he pled guilty based on its own factual findings. The government moved to dismiss Gri-nard-Henry’s appeal based on the appeal waiver in his plea agreement, and this Court granted the government’s motion and dismissed the appeal on December 23, 2004. Grinard-Henry now seeks reconsideration of the dismissal in light of the Supreme -Court’s decision in United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Grinard-Henry’s motion for reconsideration is DENIED.
A. Plea Agreement
Grinard-Henry’s plea agreement acknowledged that Grinard-Henry would be sentenced in conformance with the federal sentencing guidelines; that Grinard-Hen-ry agreed that the court had jurisdiction and authority to impose any sentence up to the statutory maximum set forth for the offense and pursuant to the sentencing guidelines; and that Grinard-Henry waived the right to appeal his sentence with certain limited exceptions. Specifically, the plea agreement stated, in relevant part, as follows:
The defendant understands and acknowledges that defendant’s sentence will be determined and imposed in conformance tvith the Comprehensive Crime Control Act of 1984 and the federal sentencing guidelines. Defendant is also aware that a sentence imposed under the sentencing guidelines does not provide for parole. Knowing these facts, the defendant agrees that this Court has jurisdiction and authority to impose any sentence up to the statutory maximum set forth for the offense and pursuant to the sentencing guidelines and expressly waives the right to appeal defendant’s sentence, directly or collat-érally, on any ground, ... except for an upward departure by the sentencing judge, a sentence above the statutory maximum, or a sentence in violation of the law apart ■from the sentencing guidelines; provided, however, that if the government exercises its right to appeal the sentence imposed, as author [*1296] ized by 18 U.S.C. § 874.2(b), the defendant is released from this waiver and may appeal the sentence as authorized by 18 U.S.C. § 3742(a).
(Emphasis added.) Thus, the plea agreement contained only four exceptions to the appeal waiver: (1) an upward departure, (2) a sentence above the statutory maximum, (3) a sentence in violation of the law apart from the sentencing guidelines, and (4) an appeal by the government.
During the change-of-plea colloquy with Grinard-Henry, the magistrate judge explained to Grinard-Henry the significance of the appeal-waiver provision, specifically questioned him about the waiver, and confirmed Grinard-Henry’s understanding.
B. Discussion
“Waiver will be enforced if the government demonstrates either: (1) the district court specifically questioned the defendant about the waiver during the plea colloquy, or (2) the record clearly shows that the defendant otherwise understood the full significance of the waiver.” United States v. Benitez-Zapata, 131 F.3d 1444, 1446 (11th Cir.1997); see also United States v. Buchanan, 131 F.3d 1005, 1008 (11th Cir.1997); United States v. Bushert, 997 F.2d 1343, 1351 (11th Cir.1993). An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error. United States v. Howle, 166 F.3d 1166, 1169 (11th Cir.1999). Specifically, “the right to appeal a sentence based on Apprendi/Booker grounds can be waived in a plea agreement. Broad waiver language covers those grounds of appeal.” United States v. Rubbo, 396 F.3d 1330, 1335 (11th Cir.2005).
Here, the record is clear that the magistrate judge specifically questioned Grinard-Henry during the plea colloquy about the appeal waiver, adequately explained the significance of the appeal waiver, and confirmed that Grinard-Henry understood the full significance of the appeal waiver. In addition, the general appeal-waiver language of the plea agreement is broad enough to include an Apprendi/Blakely/Booker claim. See id. Thus, the only question is whether the Apprendi/Blakely/Booker issue raised by Grinard-Henry in this appeal falls within any of the plea agreement’s exceptions.
To determine whether Grinard-Henry waived the right to appeal on the basis of the Apprendi/Blakely/Booker issue, we interpret the plea agreement in accordance with the intentions of the parties. See Rubbo, 396 F.3d at 1334-35. Viewing the plea agreement as a whole, we conclude that Grinard-Henry waived any Apprendi/Blakely/Booker claim for several reasons.
One of the exceptions allowed Grinard-Henry to appeal a sentence “above the statutory maximum.” This Court recently held that the term “statutory maximum,” in a plea agreement permitting appeal in the limited circumstance of a sentence exceeding the statutory maximum, refers to “the longest sentence that the statute which punishes a crime permits a court to impose, regardless of whether the actual sentence must be shortened in a particular case because of the principles involved in the Apprendi/Booker line of decisions.” Rubbo, 396 F.3d at 1335. Because Gri-nard-Henry’s sentence does not exceed the relevant statutory maximum, he is not entitled to appeal his sentence under this exception.
The only other potentially applicable exception is the one allowing Grinard-Henry to appeal “a sentence in violation of the law apart from the sentencing guidelines.” Grinard-Henry’s appeal asserts that the district court sentenced him based on a drug quantity greater than the quantity to which he pled guilty, based on facts not[*1297] found by a jury, and thus his sentence violates the Fifth and Sixth Amendments. [1] The appeal in effect asserts that the sentencing guidelines were unconstitutionally applied to his case, and thus Grinard-Henry’s challenge directly involves the application of the sentencing guidelines. It does not allege a “violation of the law apart from the guidelines.”
This conclusion is also reinforced by two other provisions of the plea agreement First, the plea agreement stated that Gri-nard-Henry understood and acknowledged that his sentence would be imposed in conformity with the sentencing guidelines. Second, Grinard-Henry agreed that the court had jurisdiction and authority to impose any sentence up to the statutory maximum set forth for the offense and pursuant to the sentencing guidelines. These two provisions further demonstrate that Grinard-Henry conceded the applicability of the sentencing guidelines to his case and did not seek to preserve the right to claim that the sentencing guidelines were unconstitutional and could not be applied to his case. Accordingly, we conclude that Grinard-Henry’s Apprendi/Blakely/Booker claim on appeal does not fall within any of the exceptions to his appeal waiver.
Because Grinard-Henry knowingly and voluntarily waived his right to appeal his sentence on the grounds he asserts on appeal, this appeal was properly dismissed, and Grinard-Henry’s motion for reconsideration is DENIED.
DENIED.
. Grinard-Henry's brief on appeal also asserts that the district court erred in denying him a minor-role adjustment pursuant to U.S.S.G. § 3B1.2 and in denying him a downward departure because he was a foreign national who would be incarcerated far from his home and family. These issues clearly were waived by the appeal waiver and merit no further discussion.