The Fifth Circuit dismissed an appeal challenging conditions of supervised release that were not orally pronounced at sentencing. The court held that the defendant's appeal waiver barred the argument because the conditions did not exceed the statutory maximum.
Omar Munoz-Cornelio was sentenced to imprisonment and a period of supervised release. He appealed, arguing that some conditions of supervised release were not orally pronounced at his sentencing hearing.
The court’s reasoning
The court noted that Munoz-Cornelio signed an appeal waiver as part of his guilty plea, relinquishing his right to appeal his sentence. The court explained that an appeal waiver applies to arguments regarding unpronounced conditions of supervised release, with an exception only if those conditions amount to a punishment imposed in excess of the statutory maximum. The court found no argument that this exception applied.
What it means going forward
Defendants who sign appeal waivers cannot challenge supervised release conditions that were not orally pronounced unless they argue those conditions exceed the statutory maximum.
