United States v. Segarra, 582 F.3d 1269 (11th Cir. 2009). · Go Syfert
United States v. Segarra, 582 F.3d 1269 (11th Cir. 2009). Cases Citing This Book View Copy Cite
107 citation events (107 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Justin Case Lebarron
11th Cir. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we review questions of statutory interpretation de novo.
discussed Cited as authority (verbatim quote) United States v. Joseph Adam McIlwain
11th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
we review questions of statutory interpretation de novo.
discussed Cited as authority (verbatim quote) United States v. Joseph Adam McIlwain
11th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
we review questions of statutory interpretation de novo.
cited Cited as authority (rule) United States v. Delon Adams
11th Cir. · 2023 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Ismael Camacho
11th Cir. · 2023 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Ismael Camacho
11th Cir. · 2023 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
discussed Cited as authority (rule) United States v. Ismael Camacho
11th Cir. · 2022 · confidence medium
Id. 3 “We review questions of statutory interpretation de novo.” United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009). 4 Camacho moved to stay appellate proceedings in this case pending the reso- lution of United States v. Beneby, No. 19-13387, and we carried Camacho’s motion with the case.
cited Cited as authority (rule) United States v. Douglas Moss
11th Cir. · 2022 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Douglas Moss
11th Cir. · 2022 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Trentavius Arline
11th Cir. · 2021 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Corry Thompson
11th Cir. · 2021 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009) (per curiam).
cited Cited as authority (rule) United States v. Rahshard Jovan Stepherson
11th Cir. · 2020 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009); United States v. Gibson, 434 F.3d 1234, 1243 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Dwyne Byron DeRuise
11th Cir. · 2020 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009). 4 Case: 19-12707 Date Filed: 08/14/2020 Page: 5 of 7 On appeal, Deruise argues that the district court erred in concluding that it had no authority under the First Step Act to conduct a de novo resentencing and therefore could not consider whether Deruise still qualified as a career offender.
discussed Cited as authority (rule) United States v. Kevin Brown
11th Cir. · 2020 · confidence medium
United States v. Rozier, 598 F.3d 768, 770 (11th Cir. 2010) (constitutional claims); United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009) (statutory interpretation); United States v. Brown, 415 F.3d 1257, 1270 (11th Cir. 2005) (sufficiency of the evidence); United States v. Farris, 77 F.3d 391, 396 (11th Cir. 1996) (adequacy of a jury trial waiver).
discussed Cited as authority (rule) United States v. Tony Edward Denson
11th Cir. · 2020 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009). 10 Case: 19-11696 Date Filed: 06/24/2020 Page: 11 of 18 court “may modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure.”5 18 U.S.C. § 3582 (c)(1)(B) (emphasis added).
discussed Cited as authority (rule) United States v. Warren Lavell Jackson
11th Cir. · 2020 · confidence medium
STANDARD OF REVIEW We review de novo questions of statutory interpretation, United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009), and whether a district court had the authority to modify a term of imprisonment, United States v. Phillips, 597 F.3d 10 Case: 19-11955 Date Filed: 06/16/2020 Page: 11 of 34 1190, 1194 & n.9 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Steven Jones
11th Cir. · 2020 · confidence medium
STANDARD OF REVIEW We review de novo questions of statutory interpretation, United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009), and whether a district court had the authority to modify a term of imprisonment, United States v. Phillips, 597 F.3d 10 Case: 19-11505 Date Filed: 06/16/2020 Page: 11 of 34 1190, 1194 & n.9 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Alfonso Allen
11th Cir. · 2020 · confidence medium
STANDARD OF REVIEW We review de novo questions of statutory interpretation, United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009), and whether a district court had the authority to modify a term of imprisonment, United States v. Phillips, 597 F.3d 10 Case: 19-10758 Date Filed: 06/16/2020 Page: 11 of 34 1190, 1194 & n.9 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Thomas Johnson
11th Cir. · 2020 · confidence medium
STANDARD OF REVIEW We review de novo questions of statutory interpretation, United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009), and whether a district court had the authority to modify a term of imprisonment, United States v. Phillips, 597 F.3d 10 Case: 19-12847 Date Filed: 06/16/2020 Page: 11 of 34 1190, 1194 & n.9 (11th Cir. 2010).
cited Cited as authority (rule) United States v. Robert Marvin Harris
11th Cir. · 2020 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Phillip Price Wyatt
11th Cir. · 2020 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 3 Case: 19-12051 Date Filed: 02/26/2020 Page: 4 of 5 2009).
cited Cited as authority (rule) United States v. Phillip Wyatt, Sr.
11th Cir. · 2020 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Henry Anderson
11th Cir. · 2020 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Teona N. Rodgers
11th Cir. · 2018 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Duwane Gilmore
11th Cir. · 2015 · confidence medium
United *713 States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009).
cited Cited as authority (rule) United States v. Fields
11th Cir. · 2015 · confidence medium
See id. § 1591(a); United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009) (stating courts interpret “a statute in a manner consistent with the plain language of the statute”).
discussed Cited as authority (rule) United States v. Andrew Blaine Fields
11th Cir. · 2015 · confidence medium
See id. § 1591(a); United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009) (stating courts interpret “a statute in a manner consistent with the plain language of the statute”). 4 Case: 14-10441 Date Filed: 09/03/2015 Page: 5 of 9 D.
discussed Cited as authority (rule) United States v. Vanderwerff (2×)
10th Cir. · 2015 · confidence medium
See, e.g., United States v. Adams, 780 F.3d 1182, 1183 (D.C.Cir.2015); United States v. Purser, 747 F.3d 284, 286 (5th Cir.), cert. denied, — U.S. -, 135 S.Ct. 403 , 190 L.Ed.2d 293 (2014); United States v. Grimes, 739 F.3d 125, 126 (3d Cir.2014); United States v. Brizan, 709 F.3d 864, 866 (9th Cir.2013); United States v. Copeland, 707 F.3d 522, 524 (4th Cir.2013); United States v. Guzman, 707 F.3d 938, 939 (8th Cir.2013); United States v. Toth, 668 F.3d 374, 374 (6th Cir.2012); United States v. Kilcrease, 665 F.3d 924, 926 (7th Cir.2012); United States v. Arevalo, 628 F.3d 93, 94 (2d Cir.20…
cited Cited as authority (rule) United States v. Freddie Wilson
11th Cir. · 2015 · confidence medium
If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009) (internal quotation and citation omitted).
cited Cited as authority (rule) United States v. Michael J. Charniak
11th Cir. · 2015 · confidence medium
See United States v. Barrington, *943 648 F.3d 1178, 1194 (11th Cir.2011) (Sentencing Guidelines); United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009) (statutory interpretation).
cited Cited as authority (rule) United States v. Alex Little
11th Cir. · 2014 · confidence medium
“We review questions of statutory interpretation de novo.” United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009).
cited Cited as authority (rule) United States v. Elizabeth Shanks
11th Cir. · 2012 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009).
cited Cited as authority (rule) United States v. Lewis
11th Cir. · 2011 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009).
cited Cited as authority (rule) United States v. Michael Shane Ragland
11th Cir. · 2011 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009), cert. denied, — U.S. -, 131 S.Ct. 633 , 178 L.Ed.2d 509 (2010).
discussed Cited as authority (rule) United States v. Luis Valle
11th Cir. · 2011 · confidence medium
We recently rejected this argument in United States v. Segarra and held that § 924(c)(1)(A) requires consecutive sentences even when the mandatory minimum sentence for the underlying drug offense is greater than the sentence for the firearm offense. 582 F.3d 1269, 1273 (11th Cir. 2009).
cited Cited as authority (rule) United States v. Nathan Smith
11th Cir. · 2011 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009), cert. denied, -U.S.-, 131 S.Ct. 633 , 178 L.Ed.2d 509 (2010).
discussed Cited as authority (rule) United States v. Atnhony Kellam (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009) (per curiam), cert. denied, — U.S. -, 131 S.Ct. 633 , 178 L.Ed.2d 509 (2010).
cited Cited as authority (rule) United States v. Jesus Barrera-Avila
11th Cir. · 2010 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009), cert. denied, — U.S. -, 131 S.Ct. 633 , 178 L.Ed.2d 509 (2010).
discussed Cited as authority (rule) United States v. Hudson
7th Cir. · 2010 · confidence medium
See United States v. Villa, 589 F.3d 1334, 1343 (10th Cir.2009), cert. denied, No. 09-1445, — U.S.-, 131 S.Ct. 636 , 178 L.Ed.2d 476 , 2010 WL 2150717 (Nov. 29, 2010); United States v. Segarra, 582 F.3d 1269, 1272-73 (11th Cir.2009), cert. denied, No. 09-8536, — U.S. -, 131 S.Ct. 633 , 178 L.Ed.2d 509 , 2010 WL 111551 (Nov. 29, 2010); United States v. Abbott, 574 F.3d 203, 211 (3d Cir.2009); United States v. London, 568 F.3d 553, 564 (5th Cir.2009), cert. denied, No. 09-5844, *312 — U.S.-, 131 S.Ct. 631 , 178 L.Ed.2d 507 , 2010 WL 4811790 (Nov. 29, 2010).
discussed Cited as authority (rule) United States v. Juan Ramone Winfrey
11th Cir. · 2010 · confidence medium
In United States v. Segarra, 582 F.3d 1269, 1272-73 (11th Cir.2009), petition for cert. filed, (U.S. Jan. 8, 2010) (No. 09-8536), this Court rejected the interpretation of § 924(c)(1)(A) advanced by Winfrey and held that the prefatory “except” clause does not limit consecutive sentences under § 924(c).
discussed Cited as authority (rule) Abbott v. United States
SCOTUS · 2010 · confidence medium
Those sentences, imposed concurrently, did not alter his total term of imprisonment and do not figure in this litigation. 2 Compare United States v. Williams, 558 F. 3d 166, 171 (CA2 2009) (clause covers ‘‘minimum sentences for ... offenses arising from the same criminal transaction or operative set of facts”); and United States v. Almany, 598 F. 3d 238, 241 (CA6 2010) (clause applies whenever a defendant “is subject” to a greater mandatory minimum), with United States v. Parker, 549 F. 3d 5, 11-12 (CA1 2008) (clause does not cover sentences for predicate drug offenses but might cove…
discussed Cited as authority (rule) United States v. Carlos Marin-Vega
11th Cir. · 2010 · confidence medium
Moreover, in United States v. Segarra, we expressly rejected the Second Circuit’s interpretation that it was improper to sentence a defendant for both the § 841 mandatory minimum and the § 924(c) mandatory minimum under the statute’s “except” clause. 582 F.3d 1269, 1272 (11th Cir.2009) (citing Williams, 558 F.3d at 169-70 ).
discussed Cited as authority (rule) United States v. Randy Dewitt Gadson, Jr. (2×)
11th Cir. · 2010 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1272-73 (11th Cir.2009).
discussed Cited as authority (rule) United States v. Wilfredo Rodriguez
11th Cir. · 2010 · confidence medium
Rodriguez’s challenge to the consecutive sentence is foreclosed by our recent decision in United States v. Segarra, 582 F.3d 1269, 1271-73 (11th Cir.2009) (holding that the plain language of § 924(c)(1)(A) requires courts to impose consecutive sentences for § 924(c) offenses and underlying drug offenses), petition for cert, filed (U.S. Jan. 8, 2010) (No. 09-8536).
discussed Cited as authority (rule) United States v. Hector Chavez
11th Cir. · 2010 · confidence medium
However, he acknowledges that we have expressly rejected this argument in United States v. Segarra, 582 F.3d 1269, 1271-73 (11th Cir.2009), petition for cert. filed, (U.S. Jan. 8, 2010) (No. 09-8536), and that he is raising the issue only to preserve it for further review.
cited Cited as authority (rule) United States v. Alexei Jubiel
11th Cir. · 2010 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271 (11th Cir.2009).
discussed Cited as authority (rule) United States v. Wade Parker
11th Cir. · 2010 · confidence medium
In United States v. Segarra, we considered whether the exception clause in § 924(c) prohibits consecutive sentences where a defendant is convicted of both a drug offense and a firearm offense that carry statutory minimum sentences. 582 F.3d 1269, 1270 (11th Cir.2009), petition for cert. filed, (U.S. Jan. 8, 2010) (No. 09-8536).
discussed Cited as authority (rule) United States v. Jimmy Louisuis (2×) also: Cited "see"
11th Cir. · 2010 · confidence medium
We recently rejected this argument in United States v. Segarra and held that section 924(c)(1)(A)(i) requires consecutive sentences even when the mandatory minimum sentence for the underlying drug offense exceeds the sentence for the firearm offense. 582 F.3d 1269, 1273 (11th Cir. 2009).
discussed Cited as authority (rule) Stanley Street v. United States
11th Cir. · 2009 · confidence medium
See 18 § U.S.C. 2118(d) (raising maximum penalty from 20 to 25 years if the offender “puts in jeopardy the life of any person by the use of a dangerous weapon or device”); United States v. Segarra, 582 F.3d 1269, 1272-73 (11th Cir.2009) (per curiam) (holding that § 924(e)’s consecutive sentences apply even when the underlying crimes carry their own mandatory mínimums).
cited Cited as authority (rule) United States v. Kevaris Cornelius Edgecomb
11th Cir. · 2009 · confidence medium
United States v. Segarra, 582 F.3d 1269, 1271-73 (11th Cir.2009).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Frankie SEGARRA, Defendant-Appellant
08-17181.
Court of Appeals for the Eleventh Circuit.
Sep 15, 2009.
582 F.3d 1269
Sheryl Joyce Lowenthal (Courb-Appointed), Miami, FL, for Segarra., Yvette Rhodes, Tampa, FL, for U.S.
Carnes, Pryor, Kravitch.
Cited by 80 opinions  |  Published
PER CURIAM:

This appeal presents a question of statutory interpretation; we must decide whether the plain language of 18 U.S.C. § 924(c) either prohibits or requires consecutive sentences where the defendant is convicted of both a drug and a firearm offense. In relevant part, § 924(c) provides:

Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or[*1271] dangerous weapon or device) ... in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime — (i) be sentenced to a term of imprisonment of not less than 5 years.

18 U.S.C. § 924(c)(1)(A) (emphasis added). Section 924(c) further provides that, “[n]otwithstanding any other provision of law— no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person.” 18 U.S.C. § 924(e)(l)(D)(ii).

In this case, Frankie Segarra pleaded guilty to possession with intent to distribute 50 grams or more of crack, in violation of 21 U.S.C. § 841, and possession of a firearm in furtherance of a drug-trafficking offense, in violation of 18 U.S.C. § 924(c). The plea agreement contained a waiver of appeal provision which barred a direct or collateral appeal unless, relevant to this appeal, (1) the sentence imposed exceeded the guidelines range as determined by the court, or (2) the sentence exceeded the statutory maximum. Segarra was sentenced to 120 months’ imprisonment for the § 841 offense and a mandatory 60-month term for the § 924(c) offense, to be served consecutively. He challenges the imposition of consecutive sentences.

At issue in this case is the interpretation of § 924(c)(l)(A)’s prefatory “except” clause and the imposition of consecutive terms of imprisonment. Segarra asserts that, given this “except” clause, the plain language of § 924(c)(1)(A) prohibits consecutive sentences where the underlying offense carried a mandatory minimum that exceeded the minimum applicable to the firearm offense. He contends that the imposition of consecutive sentences therefore exceeded the statutory maximum sentence and the applicable guidelines range. The government argues that the appeal is barred by the terms of the waiver provision in the plea agreement. Upon review of the record and the parties’ briefs, we conclude that the plain language of the statute mandates consecutive sentences and Segarra’s claim is barred by the appeal waiver. Therefore, we dismiss the appeal.

We review questions of statutory interpretation de novo. United States v. Krawczak, 331 F.3d 1302, 1305 (11th Cir.2003). “The first rule in statutory construction is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute. If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Fisher, 289 F.3d 1329, 1337-38 (11th Cir.2002) (internal quotation and citation omitted). We will not “look at one word or term in isolation, but instead [will] look to the entire statutory context.” United States v. Silva, 443 F.3d 795, 798 (11th Cir.2006) (citing United States v. DBB, Inc., 180 F.3d 1277, 1281 (11th Cir.1999)). We interpret a statute in a manner consistent with the plain language of the statute, unless doing so would lead to an absurd result. Id.

Segarra contends that the imposition of consecutive sentences was improper and resulted in a sentence that exceeded the statutory maximum. He claims, therefore, that his challenge to his sentence is not barred by the appeal waiver. In this case, however, Segarra faced a statutory maximum sentence of life imprisonment. See 21 U.S.C. § 841(b)(1)(A). Thus, Segarra’s 180-month sentence is well within the statutory maximum, and this argument is barred by the appeal waiver.

The plea agreement, however, also permits Segarra to appeal if the sentence imposed exceeds the guidelines range as determined by the court. Segarra con[*1272] tends that he may therefore appeal because the consecutive sentences resulted in an overall term of imprisonment that exceeded the guidelines range.

To determine whether the sentences exceeded the guidelines range, we must first consider whether the district court properly imposed consecutive sentences for the drug and firearm offenses.

As discussed above, Segarra was convicted of drug possession under § 841 and possession of a firearm under § 924(c). Violations of § 841 carry a mandatory minimum sentence of ten years’ imprisonment. 21 U.S.C. § 841(b)(l)(A)(iii). Section 924(c) requires a 60-month term of imprisonment to be served consecutively. 18 U.S.C. § 924(c)(1)(A), (c)(l)(D)(ii).

Segarra contends that § 924’s “except” language means that if his mandatory minimum sentence for the drug offenses is greater than the mandatory minimum for the firearm offense, the two sentences cannot run consecutively.

This court has not yet addressed this precise issue. And, although there is a circuit split, only one circuit has followed Segarra’s interpretation. In United States v. Williams, the Second Circuit held that it was improper to sentence a defendant for both the § 841 mandatory minimum and the § 924(c) mandatory minimum under the statute’s “except” clause. 558 F.3d 166 (2d Cir.2009). [1] The court reasoned that the “except” clause should be read literally and the plain language of the statute dictated that the mandatory minimum would not apply to the firearm offense if any other provision of law required a higher mandatory minimum sentence. Williams, 558 F.3d at 169-70.

Every other circuit to address the issue has rejected the Second Circuit’s interpretation. See United States v. Easter, 553 F.3d 519 (7th Cir.) (affirming consecutive sentences for convictions under §§ 841 and 924(c)), petition for cert. filed, Nos. 08-9560, 08-10584 (Mar. 26 and May 20, 2009); United States v. Parker, 549 F.3d 5 (1st Cir.2008); [2] United States v. Jolivette, 257 F.3d 581 (6th Cir.2001) (upholding consecutive sentences for armed bank robbery and firearm convictions); United States v. Studifin, 240 F.3d 415 (4th Cir.2001) (affirming sentences for robbery, § 924(c) offenses, and possession of a firearm by a convicted felon); United States v. Alaniz, 235 F.3d 386 (8th Cir.2000) (affirming consecutive sentences for convictions of §§ 841 and 924(c)).

Upon review, we join the majority of circuits and hold that the consecutive sentences imposed here are proper. Given the plain language of § 924(c), we do not interpret the “except” clause to limit consecutive sentences imposed for § 924(c) offenses and the underlying drug crimes. See Easter, 553 F.3d at 526 (concluding it was illogical for the mandatory minimum sentence for a firearm offense to hinge on a mandatory minimum imposed for any other offense) (emphasis in original); Alaniz, 235 F.3d at 389 (“In other words, the sentences contained in (c)(1)(A) ... apply ‘except to the extent that a greater minimum sentence is otherwise provided by this subsection .... ’ ”).

This reading of the plain language is consistent with other portions of § 924(c),[*1273] specifically, subsection (c)(l)(D)(ii), which provides that “no term of imprisonment ... under this subsection shall run concurrently with any other term of imprisonment imposed .... ” 18 U.S.C. § 924(c)(l)(D)(ii); see also Easter, 553 F.3d at 526 (explaining that § 924(c) creates a criminal activity rather than defining a sentencing enhancement, and courts must consider the language in § 924(c)(l)(D)(ii) that requires consecutive sentences). To read the statute as the Second Circuit did would ignore § 924(c)(l)(D)(ii). See Easter, 553 F.3d at 526. Accordingly, considering the entire statute in context, we conclude the plain language dictates consecutive sentences.

Because the consecutive sentences imposed were mandatory and the term of imprisonment for the firearm offense was set by statute, the sentence imposed did not exceed the statutory maximum permitted or the applicable guidelines range; thus Segarra’s argument on appeal does not fit within any of the appeal waiver exceptions. Importantly, Segarra does not contend that the appeal provision was involuntary or that he did not enter into the agreement knowingly. Therefore, we dismiss this appeal as barred by the appeal waiver.

APPEAL DISMISSED.

1

. Although Segarra cites United States v. Whitley, 529 F.3d 150 (2d Cir.2008), that case is not directly on point, as the defendant in that case was convicted of two firearms offenses. In Williams, the Second Circuit extended Whitley to cases involving drug and firearm convictions, which more closely mirrors the facts of the instant appeal.

2

. See also United States v. Pulido, 566 F.3d 52 (1st Cir.2009) (rejecting Whitley and adhering to Parker).