Background
The defendant, Yesid Avila Diaz, filed an appeal from a conviction in the United States District Court for the Southern District of Florida. The Government moved to dismiss the appeal, arguing that the defendant’s prior guilty plea and sentence appeal waiver barred the challenge.
The court’s reasoning
The court held that the sentence appeal waiver will be enforced if it was made knowingly and voluntarily. The court noted that a waiver of the right to appeal includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error. The court also addressed the statute of limitations defense, noting it is a non-jurisdictional defect that must be asserted by a defendant at trial. Furthermore, a defendant who pleads guilty can challenge their prosecution as time barred only insofar as the indictment on its face shows that the limitations period expired.
The Government’s motion to dismiss this appeal as barred by Appellant’s guilty plea and sentence appeal waiver is GRANTED.
United States v. Avila Diaz, No. 25-12380 (11th Cir. 2026)
What it means going forward
Defendants who enter guilty pleas with sentence appeal waivers cannot appeal their convictions or sentences unless the waiver is found to be invalid or the indictment on its face shows the limitations period expired.
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