United States v. Romero – Do It For The Caselaw

Holding: The court dismissed the appeal because the defendant's sentence appeal waiver was enforceable and her arguments did not fall within the waiver's exceptions.
Standard: De novo review of appeal waiver validity; waiver enforceable if made knowingly and voluntarily.
Practical effect: Defendants who sign plea agreements with sentence appeal waivers must ensure their appeals fall within the specific exceptions listed in the waiver, or their appeals will be dismissed.

United States v. Romero

April 27, 2026 ·3:23-cr-00076-BJD-SJH-1 ·Per Curiam · By James Taylor

The Eleventh Circuit dismissed an appeal by a defendant who had signed a plea agreement containing a sentence appeal waiver. The court found the waiver enforceable because the defendant was specifically questioned about it during the plea colloquy and understood its terms.

Background

Ana Romero appealed her twenty-one-month prison sentence for conspiring to commit wire fraud and to defraud the Internal Revenue Service. The government moved to dismiss the appeal based on a sentence appeal waiver in her plea agreement.

The court’s reasoning

The court reviewed the validity of the appeal waiver de novo. It found the waiver enforceable because the district court specifically questioned Romero about the waiver during the Rule one-one colloquy, and it was manifestly clear she understood its significance. The waiver barred the appeal because Romero’s arguments did not fit within the exceptions for sentences exceeding the guidelines range, statutory maximums, or Eighth Amendment violations.

What it means going forward

Defendants who sign plea agreements with sentence appeal waivers must ensure their appeals fall within the specific exceptions listed in the waiver, or their appeals will be dismissed.