United States v. Angelica Gwinnett, 483 F.3d 200 (3rd Cir. 2007). · Go Syfert
United States v. Angelica Gwinnett, 483 F.3d 200 (3rd Cir. 2007). Cases Citing This Book View Copy Cite
275 citation events (275 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Corso (ca3, 2008-12-15)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Corso (3×) also: Cited as authority (rule), Cited "see"
3rd Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
his court retains subject matter jurisdiction over the appeal by a defendant who had signed an appellate waiver.
examined Cited as authority (verbatim quote) United States v. Corso (3×) also: Cited as authority (rule), Cited "see"
3rd Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
his court retains subject matter jurisdiction over the appeal by a defendant who had signed an appellate waiver.
examined Cited as authority (verbatim quote) United States v. Jackson (3×) also: Cited "see"
3rd Cir. · 2008 · signal: see also · quote attribution · 1 verbatim quote · confidence high
nonetheless, we will not exercise jurisdiction to review the merits of appeal if we conclude that knowingly and voluntarily waived her right to appeal unless the result would work a miscarriage of justice.
discussed Cited as authority (verbatim quote) United States v. Snead (2×) also: Cited "see"
3rd Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
this court retains subject matter jurisdiction over the appeal by a defendant who had signed an appellate waiver
discussed Cited as authority (rule) United States v. Robert Thompson
3rd Cir. · 2026 · confidence medium
We have jurisdiction under 28 U.S.C. § 1291 . 6 See United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007) (noting that, while we retain jurisdiction over waived appeals, “we will not exercise that jurisdiction to review the merits” of such an appeal “unless the result would work a miscarriage of justice”). 4 solely on his pre-bargain conduct—breached his plea agreement.7 Thompson is correct that he would not be bound by his waiver if the government committed a breach.8 He is also correct that his plea agreement was not toothless, even if it did not demand much from the governm…
discussed Cited as authority (rule) United States v. Nikeem Leach-Hilton
3rd Cir. · 2026 · confidence medium
See id. § 1291; 18 U.S.C. § 3742 (a)(1); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007) (holding that “this court retains subject matter jurisdiction over the appeal by a defendant who had signed an appellate waiver”).
discussed Cited as authority (rule) United States v. Brandyn Seabreeze
3rd Cir. · 2026 · confidence medium
The signed plea agreement explicitly states his appellate rights were waived with limited exceptions and, during his Rule 11 plea colloquy, Seabreeze stated that he read, understood, and agreed to the waiver. 4 See United States v. Gwinnett, 483 F.3d 200, 203-04 (3d Cir. 2007) (considering written plea agreement and colloquy between court and defendant at Rule 11 hearing in determining whether plea was knowing and voluntary).
cited Cited as authority (rule) HEALY v. United States
D.N.J. · 2022 · confidence medium
See United States v. Khattak, 273 F.3d 557, 558, 563 (3d Cir. 2001); United States v. Gwinnett, 483 F.3d 200, 205 (3d Cir. 2007).
discussed Cited as authority (rule) United States v. Warren Brooks
9th Cir. · 2022 · confidence medium
Generally, we “‘retain[] subject matter jurisdiction over [an] appeal * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. by a defendant who has signed an appellate waiver.’” United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc) (quoting United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007)).
discussed Cited as authority (rule) WILLIAMS v. United States
W.D. Pa. · 2022 · confidence medium
United States v. Khattak, 273 F.3d 557, 558, 563 (3d Cir. 2001) (as a matter of first impression, waivers of right to appeal are enforceable if entered into knowingly and voluntarily, unless they work a miscarriage of justice, and waiver of appeal rights contained in plea agreement was knowing and voluntary); United States v. Gwinnett, 483 F.3d 200, 205 (3d Cir. 2007) (Court of Appeals will not review merits of sentencing appeal because defendant knowingly and voluntarily waived her right to appeal).
cited Cited as authority (rule) BISHOP v. MCGINLEY
E.D. Pa. · 2021 · confidence medium
The Court denies this motion on the merits. 34 See N.T. 12/3/13 at 7, 11–18. 35 United States v. Gwinnett, 483 F.3d 200, 206 (3d.
cited Cited as authority (rule) United States v. Quinyahta Rochelle
3rd Cir. · 2020 · confidence medium
United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007). 2 Rochelle does not argue that her plea was not knowing and intelligent.
discussed Cited as authority (rule) United States v. Samuel Mangel
3rd Cir. · 2019 · confidence medium
Even a valid appellate waiver “does not deprive this Court of jurisdiction over the defendant’s claims, and we retain subject matter jurisdiction over the defendant’s appeal despite the waiver.” United States v. Jackson, 523 F.3d 234, 242 (3d Cir. 2008) (citing United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007)).
discussed Cited as authority (rule) United States v. Jose Rodriguez
3rd Cir. · 2017 · confidence medium
See, e.g., United States v. Tomko, 562 F.3d 558 , 564 n.5 (3d Cir. 2009) (en banc); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007); United States v. Charles, 467 F.3d 828 , 830 n.4 (3d Cir. 2006); United States v. Cooper, 437 F.3d 324 , 327 n.4 (3d Cir. 2006), abrogated on other grounds by Rita v. United States, 551 U.S. 338, 346-47 (2007). 4 Bowers conflicts with the settled law of our Court.
discussed Cited as authority (rule) United States v. Jose Rodriguez
3rd Cir. · 2017 · confidence medium
See, e.g., United States v. Tomko, 562 F.3d 558 , 564 n.5 (3d Cir. 2009) (en banc); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007); United States v. Charles, 467 F.3d 828 , 830 n.4 (3d Cir. 2006); United States v. Cooper, 437 F.3d 324 , 327 n.4 (3d Cir. 2006), abrogated on other grounds by *531 Rita v. United States, 551 U.S. 338, 346-47 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007).
discussed Cited as authority (rule) United States v. Kareem Sampson (2×) also: Cited "see"
3rd Cir. · 2017 · confidence medium
Before reaching the merits of Sampson’s appeal, we must address the Government’s contention that Sampson waived the right to appeal his sentence. “[W]e will decline to exercise our jurisdiction to review the merits of an appeal where the defendant knowingly and voluntarily waived the right to appeal.” United States v. Jackson, 523 F.3d 234, 242 (3d Cir. 2008) (citing United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir. 2007)).
cited Cited as authority (rule) United States v. Raheem Creque
3rd Cir. · 2016 · confidence medium
Accordingly, his sentence does not constitute “manifest injustice,” United States v. Gwinnett, 483 F.3d 200, 206 (3d Cir. 2007).
cited Cited as authority (rule) United States v. Dextrick Lawton
3rd Cir. · 2016 · confidence medium
See id.; United States v. Gwinnett, 483 F.3d 200, 204-05 (3d Cir.2007); United States v. Schweitzer, 454 F.3d 197, 203 (3d Cir. 2006); United States v. Khattak, 273 F.3d 557, 560 (3d Cir.2001).
discussed Cited as authority (rule) United States v. Arsalan Shemirani
D.C. Cir. · 2015 · confidence medium
See, e.g., United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007); United States v. Mason, 343 F.3d 893, 893 (7th Cir.2003); United States v. Hines, 196 F.3d 270, 272 (1st Cir.1999).
discussed Cited as authority (rule) United States v. Christopher Erwin
3rd Cir. · 2015 · confidence medium
We have held that the Government receives “the full benefit of its bargain” when it files “a motion for summary action under Third Circuit L.A.R. 27.4 to enforce the waiver and to dismiss the appeal.” United States v. Goodson, 544 F.3d 529 , 535 n.2 (3d Cir. 2008).1 Now the Government gets more than the full benefit of its bargain, namely, an opportunity to sentence Erwin again without an obligation to compensate him for his cooperation. 1 For technical reasons not relevant to this case, Goodson should have said “affirm the judgment of the district court” instead of “dismiss the …
discussed Cited as authority (rule) United States v. Erwin
3rd Cir. · 2014 · confidence medium
For technical reasons not relevant to this case, Goodson should have said "affirm the judgment of the district court” instead of "dismiss the appeal.” United States v. Gwinnett, 483 F.3d 200, 202 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Damon Kayes
3rd Cir. · 2014 · confidence medium
The government also moved to dismiss the appeal as untimely, but it is no longer challenging the timeliness of the appeal. 3 .We “retain[] subject matter jurisdiction over the appeal by a defendant who ha[s] signed an appellate waiver." United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Christopher Williams
3rd Cir. · 2014 · confidence medium
See United States v. Corso, 549 F.3d 921, 927 (3d Cir.2008); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007). 1 This case is not “typical,” however, because counsel has not raised even one arguable issue on the merits, simply concluding that there are no non-frivolous issues for appellate review because the plea procedure was constitutionally and proeedurally sound and that any appeal by Williams is barred by his appellate waiver.
cited Cited as authority (rule) United States v. John Baird
3rd Cir. · 2013 · confidence medium
United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Ray Mathews
6th Cir. · 2013 · confidence medium
See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir.2011); United States v. Guillen, 561 F.3d 527, 531 (D.C.Cir.2009); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007); United States v. Hahn, 359 F.3d 1315, 1325, 1327 (10th Cir.2004); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir.2003); United States v. Teeter, 257 F.3d 14, 25 (1st Cir.2001); United States v. Jordan, 438 Fed.Appx. 180, 181 (4th Cir.2011).
cited Cited as authority (rule) United States v. Terrance Williams
3rd Cir. · 2013 · confidence medium
United States v. Gwinnett, 483 F.3d 200, 206 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Carlo Castro
3rd Cir. · 2013 · confidence medium
Courts apply the “miscarriage of justice” exception “sparingly and without undue generosity,” United States v. Wilson, 429 F.3d 455, 458 (3d Cir.2005) (internal quotation marks omitted), but with the aim of avoiding “manifest injustice,” United States v. Gwinnett, 483 F.3d 200, 206 (3d Cir.2007). 6 1.
discussed Cited as authority (rule) United States v. Daniel Ramos-Torres
3rd Cir. · 2012 · confidence medium
The appellate waiver in this case contained substantially the same language as the waiver upheld in United States v. Gwinnett, 483 F.3d 200, 204 (2007) (upholding waiver in plea agreement that stated that the Government and defendant “ ‘waive certain rights to file an appeal, collateral attack, and writ or motion after sentencing, including but not limited to an appeal under 18 U.S.C. § 3742’ ”).
discussed Cited as authority (rule) United States v. Gregory Ladner (2×) also: Cited "see"
3rd Cir. · 2012 · confidence medium
United States v. Gwinnett, 483 F.3d 200, 203, 206 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Rafael Dominguez
3rd Cir. · 2012 · confidence medium
First, “we will not exercise ... jurisdiction to review the merits of [Dominguez’s] appeal if we conclude that [ ]he knowingly and voluntarily waived [his] right to appeal.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Ballard
E.D. Pa. · 2012 · confidence medium
Legal Standard Waivers of appellate and collateral attack rights are generally valid if entered into “knowingly and voluntarily.” United States v. Mabry, 536 F.3d 231, 237 (3d Cir.2008); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Hill
3rd Cir. · 2012 · confidence medium
In such a case, we will decline to review the merits of an appeal unless the waiver exempts the claims presented on appeal, or if “the result would work a miscarriage of justice.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Christopher Curanovic
3rd Cir. · 2012 · confidence medium
When a defendant knowingly and voluntarily waives his right to appeal, we will not exercise our jurisdiction to review the merits of that appeal “unless the result would work a miscarriage of justice.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Anibal Peralte
3rd Cir. · 2012 · confidence medium
To determine whether the waiver was knowing and voluntary, we “look to the colloquy between the sentencing judge and [the defendant,]” United States v. Price, 558 F.3d 270, 284 (3d Cir.2009) (quoting *58 United States v. Gwinnett, 483 F.3d 200, 204 (3d Cir.2007)), and examine whether the sentencing judge complied with the requirements of Rule 11 of the Federal Rules of Criminal Procedure.
cited Cited as authority (rule) United States v. Devlon Saunders
3rd Cir. · 2012 · confidence medium
We “retain[] subject matter jurisdiction over the appeal by a defendant who ha[s] signed an appellate waiver.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
cited Cited as authority (rule) United States v. Julius Butler
3rd Cir. · 2012 · confidence medium
United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
cited Cited as authority (rule) United States v. Sanders
3rd Cir. · 2011 · confidence medium
United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Charles Scott, Jr.
3rd Cir. · 2011 · confidence medium
In such a case, we will decline to review the merits of an appeal unless the waiver exempts the issues presented on appeal, or if “the result would work a miscarriage of justice.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Phi Xin (2×) also: Cited "see"
3rd Cir. · 2011 · confidence medium
Where a defendant has entered a knowing and voluntary waiver, we will enforce the waiver and affirm the judgment unless doing so “would work a miscarriage of justice.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Gonzalez-Melchor
9th Cir. · 2011 · confidence medium
Generally, we retain jurisdiction over an appeal by a defendant who has signed an appellate-waiver, although “ ‘we will not exercise that jurisdiction to review the merits of [a defendant’s] appeal if we conclude that she knowingly and voluntarily waived her right to appeal.’ ” United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc) (quoting United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007) (alteration in original)).
discussed Cited as authority (rule) United States v. Jose Perez-Barron (2×) also: Cited "see"
3rd Cir. · 2011 · confidence medium
II. 4 Where a person knowingly and voluntarily waives his right to appeal, we generally do not exercise our jurisdiction to review the merits of the appeal “unless the result would work a miscarriage of justice.” See United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Harris
9th Cir. · 2011 · confidence medium
Generally, appellate courts “ ‘re-taint ] subject matter jurisdiction over [an] appeal by a defendant who has signed an appellate waiver.’ ” United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc), quoting United States v. Gwinnett, 483 F.3d 200, 201 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Jahmal Todman
3rd Cir. · 2010 · confidence medium
However, because Todman signed a plea agreement that waived his right to appeal, “we will not exercise [our appellate jurisdiction] to review the merits of [Todman’s] appeal if we conclude that [he] knowingly and voluntarily waived [his] right to appeal unless the result would work a miscarriage of justice.” See United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
discussed Cited as authority (rule) United States v. Christopher Laine
3rd Cir. · 2010 · confidence medium
See United States v. Mabry, 536 F.3d 231, 237 (3d Cir.2008) (waiver is valid if knowing and voluntary and enforcement does not result in a miscarriage of justice), cert. denied, — U.S.-, 129 S.Ct. 2789 , 174 L.Ed.2d 290 (2009); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007) (court will not exercise jurisdiction if waiver is knowing and voluntary and does not result in a miscarriage of justice); United States v. Khattak, 273 F.3d 557, 562-63 (3d Cir.2001) (waiver should be strictly construed if knowing and voluntary and not a miscarriage of justice).
discussed Cited as authority (rule) United States v. Howard
3rd Cir. · 2010 · confidence medium
In the course of doing so, we summarized the rule that we had laid down in Khattak , and clarified in United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007): Waivers of appellate rights, if entered into knowingly and voluntarily, are valid.
discussed Cited as authority (rule) United States v. Rashawn Eugene Bolton
3rd Cir. · 2010 · confidence medium
Where a person knowingly and voluntarily waives his right to appeal, we generally do not exercise our jurisdiction to review the merits of the appeal “unless the result would work a miscarriage of justice.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
cited Cited as authority (rule) United States v. Calvin Ligons
3rd Cir. · 2010 · confidence medium
United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
examined Cited as authority (rule) United States v. Sunni Ali (3×) also: Cited "see", Cited "see, e.g."
3rd Cir. · 2010 · confidence medium
Accordingly, we will enforce the appellate waiver and decline to deal with the merits of Ali’s appeal unless (1) his waiver was not knowing and voluntary, or (2) enforcement of the waiver “would work a miscarriage of justice.” United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
cited Cited as authority (rule) United States v. Ray
3rd Cir. · 2009 · confidence medium
See United States v. Goodson, 544 F.3d 529, 533-37 (3d Cir.2008); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
cited Cited as authority (rule) United States v. Ray
3rd Cir. · 2009 · confidence medium
See United States v. Goodson, 544 F.3d 529, 533-37 (3d Cir.2008); United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007).
Retrieving the full opinion text from the archive…
UNITED STATES of America
v.
Angelica GWINNETT, Appellant
06-1766.
Court of Appeals for the Third Circuit.
Apr 26, 2007.
483 F.3d 200
Chester M. Keller, Office of Federal Public Defender, Newark, N.J., Attorney for Appellant., George S. Leone, Julia S. Epstein, Office of United States Attorney, Newark, N.J., Attorneys for Appellee.
Sloviter, Ambro, Brody.
Cited by 157 opinions  |  Published

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant Angelica Gwinnett appeals from the District Court’s order sentencing her to thirty months’ imprisonment following her guilty plea. She argues that the District Court failed to consider all the factors set forth in 18 U.S.C. § 3553(a) and failed to address the legitimate grounds for mitigation raised by the defense. The Government responds that we must dismiss Gwinnett’s appeal for lack of jurisdiction because Gwinnett waived her right to appeal. We must first consider our jurisdiction over this appeal in light of Gwin-nett’s waiver.

I.

Gwinnett, a trained accountant who purported to run an accounts receivable business under the name U.S. Funding Corporation, falsely represented its assets to investors and, according to the Government, caused those investors losses amounting to approximately $2,500,000. At the same time, she used the receipts for personal purposes but failed to file income tax returns for 2001 and 2002. She was indicted on fourteen counts charging wire fraud, mail fraud, obstruction of justice, and social security fraud. Following negotiations with the Government, she entered into a plea agreement pursuant to which she pled guilty on November 15, 2004 to one count of mail fraud in violation of 18 U.S.C. § 1341 and one count of attempting to evade federal income taxes for 2001 in violation of 26 U.S.C. § 7201. Following a sentencing hearing on January 30, 2006, Gwinnett was sentenced to the custody of the United States Bureau of Prisons for a term of 30 months. Gwinnett filed a timely appeal.

The District Court had subject matter jurisdiction pursuant to 18 U.S.C. § 3231. In her statement of subject matter and appellate jurisdiction, Gwinnett states that this court has jurisdiction pursuant to 28[*202] U.S.C. § 1291 and 18 U.S.C. § 3742(a). In its brief, the Government counters that “[t]his Court does not have jurisdiction, even though the judgment is a final order under 28 U.S.C. § 1291, because ... Gwin-nett waived her right to appeal in her plea agreement under Fed.R.Crim.P. 11(c)(1)(C), which also restricted her appellate rights under 18 U.S.C. § 3742(a).” (Gov’t’s Br. at 1.) It is important that we stop to consider this issue because the Government has repeated this contention in appeals before this court and others. [1]

We first considered the validity of a waiver of appealability provision in a guilty-plea agreement in our decision in United States v. Khattak, 273 F.3d 557 (3d Cir.2001). Khattak had been charged with conspiring to possess with intent to distribute and to import heroin. Id. at 559. The plea agreement provided, inter alia, that Khattak would plead guilty to conspiracy to import heroin and the Government would dismiss the charge of conspiracy with intent to distribute. Id. Khattak waived his right to file an appeal, a collateral attack, or any challenge to the determination of the offense level if the total offense level determined by the court was equal to or less than the stipulated offense level. Id. The District Court questioned Khattak closely as to his understanding of the plea agreement and the waiver, and then proceeded to sentence Khattak, after departing downward. Id. at 560. Khattak then appealed, contending that waiver-of-appeals provisions are void as contrary to public policy. Id.

We declined to address the merits of Khattak’s appeal. Id. Instead, we noted that ten other Courts of Appeals had found waivers of appeals generally permissible and enforceable, rejected Khattak’s argument that the waiver of appellate rights in criminal cases contravenes public policy, and concluded that Khattak had plainly waived his right to appeal. Id. at 560-63. We then stated we would enforce Khat-tak’s waiver of his right to appeal.

Finally, in the sentence that has given rise to some question, we stated, “Therefore, we have no jurisdiction to consider the merits of his appeal of the denial of the minor-role adjustment. See [231 F.3d] at 711.” The latter citation was to the decision of the Tenth Circuit in United States v. Rubio, 231 F.3d 709 (10th Cir.2000). Significantly, however, we did not dismiss the appeal, as we do when we conclude we have no jurisdiction. Instead, we affirmed the judgment of the district court. Khattak, 273 F.3d at 563.

The court in Rubio did indeed state that because the defendant in that case had knowingly and voluntarily waived his right to appeal, “the waiver effectively deprives us of jurisdiction.” Rubio, 231 F.3d at 711. That statement, however, has not gone unchallenged, even in the Tenth Circuit. In United States v. Hahn, 359 F.3d 1315 (10th Cir.2004) (en banc), the Government had argued “that the entry of an enforceable appellate waiver renders this case moot, thus leaving us without the requisite case or controversy necessary for subject matter jurisdiction under Article III of the Federal Constitution.” Id. at 1322. The court emphatically rejected that suggestion, stating that “[rjegardless of the phrase employed, this case is not moot because we have the power to grant a legally cognizable remedy requested by a[*203] party — namely, voiding the plea agreement.” Id. at 1328. Moreover, in language directly on point, the Court stated:

Therefore, we hold that this Court has both statutory and constitutional subject matter jurisdiction over appeals when a criminal defendant has waived his appellate rights in an enforceable plea agreement. To the extent that United States v. Rubio, 231 F.3d 709, 711 & n. 1 (10th Cir.2000), is inconsistent with this holding, we overrule it.

Id. at 1324.

The Court of Appeals for the Sixth Circuit recently confronted a similar issue to the one presented here, i.e., the effect of an appellate waiver on the jurisdiction of the appellate court. In United States v. Caruthers, 458 F.3d 459 (6th Cir.2006), Caruthers argued that his sentence exceeded the statutory maximum for his conviction. Id. at 470. The Government in turn argued that Caruthers had waived the right to appeal his sentence. Id. The court acknowledged that in a prior case it had said that a valid appellate waiver leaves it without jurisdiction to hear a sentencing appeal, citing United States v. McGilvery, 403 F.3d 361, 362-63 (6th Cir.2005). Caruthers, 458 F.3d at 472 n. 6. In Caruthers, it back tracked from that statement, saying “[t]here are several reasons ... to read McGilvery for less than all it might be worth.” Id. It noted that both before and after McGilvery, it had affirmed sentences challenged by defendants who had validly waived their appeals. Id. It continued, “[b]y affirming rather than dismissing the appeals, we necessarily exercised jurisdiction in these cases, suggesting that an appellate waiver does not divest this court of jurisdiction. To the extent that McGil-very conflicts with the earlier decisions, we are bound by the prior cases.” Id.

The Caruthers court approvingly cited the Tenth Circuit’s opinion in Hahn (discussed above) as having “articulated powerful reasons for concluding that even when defendants validly waive their appeals, the courts of appeal do indeed have jurisdiction under both the relevant statutes (28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(1)) and Article III. See Hahn, 359 F.3d at 1320-24.” Caruthers, 458 F.3d at 473 n. 6. Finally, the Caruthers court noted the admonishment by the Supreme Court of the United States that courts not be cavalier in their use of the term “jurisdictional.” Id. (citing Kontrick v. Ryan, 540 U.S. 443, 455, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004)). We agree.

We therefore conclude that notwithstanding the statement in Khattak, this court retains subject matter jurisdiction over the appeal by a defendant who had signed an appellate waiver. It could not be otherwise. After all, “a sentence based on constitutionally impermissible criteria, such as race, or a sentence in excess of the statutory maximum sentence for the defendant’s crime, can be challenged on appeal even if the defendant executed a blanket waiver of his appeal rights.” United States v. Bownes, 405 F.3d 634, 637 (7th Cir.2005) (internal citations omitted). It follows that we have subject matter jurisdiction over Gwinnett’s appeal notwithstanding her waiver of appeal. Nonetheless, we will not exercise that jurisdiction to review the merits of Gwinnett’s appeal if we conclude that she knowingly and voluntarily waived her right to appeal unless the result would work a miscarriage of justice.

II.

We proceed to consider whether there is record evidence that Gwinnett knowingly and voluntarily signed the waiver. The language of the plea agreement into which Gwinnett entered pursuant to Rule 11(c)(1)(C) of the Federal Rules of[*204] Criminal Procedure is clear as to its purpose and effect to bind Gwinnett, the Government and the court to its provisions, including the sentence. It also includes a mutual waiver of appellate rights. The plea agreement provided:

As set forth in Schedule A, this Office and Ms. Gwinnett waive certain rights to file an appeal, collateral attack, and writ or motion after sentencing, including but not limited to an appeal under 18 U.S.C. § 3742 or a motion under 28 U.S.C. § 2255, which challenges the sentencing court’s determination or imposition of the offense level or its adoption of any of the binding stipulations in Schedule A.

App. at 29.

Schedule A provides, inter alia:
Both parties waive the right to file an appeal, collateral attack, writ, or motion claiming that the sentencing court erred in adopting the binding stipulations in this agreement. Ms. Gwinnett knows that she has, and voluntarily waives, the right to file any appeal, any collateral attack, or any other writ or motion after sentencing, including but not limited to an appeal under 18 U.S.C. § 3742 or a motion under 28 U.S.C. § 2255, which challenges the sentencing court’s determination or imposition of the offense level of 19. To the extent that any appeal, collateral attack, writ, or motion is barred by this paragraph, the parties agree that it should be dismissed.

App. at 33-34. The written waiver is comprehensive.

We next look to the colloquy between the sentencing judge and Gwinnett during the Rule 11 hearing. See Khattak, 273 F.3d at 563 (“In determining whether a waiver of appeal is ‘knowing and voluntary,’ the role of the sentencing judge is critical.”) Rule 11 provides:

(b)(1) Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following:
(N) the terms of any plea-agreement provision waiving the right to appeal or to collaterally attack the sentence.

During the Rule 11 hearing the District Court asked Gwinnett whether she read the plea agreement, discussed it with her attorney, asked her attorney questions about the agreement, and came to understand the agreement before signing it. Gwinnett answered in the affirmative to each question. The court also asked Gwin-nett whether she, at this time, had any questions for her attorney or the judge concerning the plea agreement. Gwinnett said that she did not. In addition, the District Court confirmed that Gwinnett had signed the plea agreement.

The District Court referred to the waiver in the context of a discussion concerning the effect that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (pending before the Supreme Court at the time of the Rule 11 hearing) might have on Gwinnett’s right to appeal her sentence. The court stated:

Well after you have been sentenced, presumably you give[ ][sic] up your right to appeal, but I understand what you are saying. I just don’t want you to be in a position to believe that if you read a headline in the next couple of months before I sentence you that for — all of a sudden we are starting all over again. We are accepting the guidelines as binding in this particular case, understood?

[*205] App. at 67. Gwinnett answered “Yes.” Id. At the conclusion of the Rule 11 hearing the District Court stated:

I make the following findings. I find that Ms. Gwinnett is fully competent and capable of entering an informed plea. She is aware of the nature of the charges and the consequences of the plea. I find that Ms. Gwinnett’s plea of guilty is a knowing and voluntary plea that is supported by an independent basis in fact contained in each of the essential elements of the offense.

App. at 85-86. Furthermore, Gwinnett was present when the District Court, in a dialog with her attorney, referred to the “conditional waiver of appeal” on several occasions during the sentencing hearing. App. at 124, 125, 161, 178, & 190.

Significantly, Gwinnett concedes that her appellate waiver was entered knowingly and voluntarily. We are satisfied that it was. However, Gwinnett contends that the scope of her appellate waiver is narrow and that it does not encompass the issue raised in this appeal. More specifically, Gwinnett contends that unlike the appellate waiver, which focuses on the calculation of the applicable guideline range and prohibits any challenges to that calculation or imposition, this appeal concerns the reasonableness of the ultimate sentence imposed by the District Court.

The Government counters that Gwin-nett’s argument is flawed because once accepted by a court, a Rule 11(c)(1)(C) plea agreement deprives the sentencing court of the ability to impose a sentence other than the one agreed upon by the parties in the stipulation. In this case, the parties agreed to a negotiated offense level of 19, and the District Court, taking into account her offense level total and her criminal history category, sentenced Gwinnett to the lowest possible sentence within that Guidelines Range-30 months. Although the District Court could have been clearer when discussing the possible effect of the forthcoming decision in Booker, the waiver remains effective. To the extent that Gwinnett argues her plea agreement only required the District Court to use the base offense level of 19 (i.e., did not require imposition or the corresponding sentence), we believe that when Gwinnett signed the plea agreement — -before the Booker decision issued — there was no ambiguity as to the particular sentence that a base offense level of 19 would yield. As the Government notes, Gwinnett waived her right to file an appeal, “claiming that the sentencing court erred in adopting the binding stipulations in this agreement.” App. at 34. We follow our precedent requiring adherence to that waiver.

In Khattak, 273 F.3d at 563, we explained that “[wjaivers of appeals, if entered knowingly and voluntarily, are valid, unless they work a miscarriage of justice.” A few years later, in United States v. Lockett, 406 F.3d 207, 212 (3d Cir.2005), we were presented with a defendant who argued that the sentence he received after his plea agreement was inconsistent with the Supreme Court’s recently issued decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Our rejection of that argument in Lockett is dispositive of Gwinnett’s argument that the plea agreement did not foreclose Gwin-nett from arguing that post-Booker the District Court must now consider the § 3553(a) factors. In Lockett, we held that “where a criminal defendant has voluntarily and knowingly entered into a plea agreement in which he or she waives the right to appeal, the defendant is not entitled to resentencing in light of Booker.” Lockett, 406 F.3d at 214; see also Bownes, 405 F.3d at 637.

In this case, Gwinnett concedes that her appellate waiver was entered knowingly[*206] and voluntarily, and she has failed to establish that enforcing the waiver will result in manifest injustice. Furthermore, in her plea agreement Gwinnett expressly agreed to be bound by the Guidelines in this case, and the District Court explained that she would not be permitted to revisit the issue notwithstanding any cases that may follow the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Accordingly, we conclude that Gwinnett waived her right to the present appeal and do not reach the merits of her remaining claims.

III.

For the reasons stated above, we will affirm the judgment of the District Court.

1

. For example, in United States v. Mason, 343 F.3d 893, 893 (7th Cir.2003), the Seventh Circuit explained, "Although he has not yet filed his opening brief, the government has moved to dismiss the appeal, arguing that we lack jurisdiction because Mason waived his appeal rights as part of a plea agreement. (In fact a waiver of appeal rights does not deprive us of our appellate jurisdiction, although it is a ground for dismissing the appeal.)”