Marcus Guice pleaded guilty to conspiracy to possess with intent to distribute cocaine and possession with intent to distribute methamphetamine under a plea agreement containing an appeal waiver. He was sentenced to 175 months of imprisonment and supervised release in two separate cases. On appeal, Guice argued that the district court erred in applying a two-level enhancement under U.S.S.G. § 2D1.1(b)(12) for maintaining a premises for manufacturing or distributing a controlled substance. The Government moved to enforce the appeal waiver and dismiss the appeal, or alternatively, for summary affirmance.
The Fifth Circuit reviewed the enforceability of the appeal waiver de novo. The court applied a two-step inquiry established in United States v. Kelly. First, the court examined whether the waiver was knowing and voluntary. Second, the court considered whether the waiver applied to the circumstances at hand based on the plain language of the agreement. The court found that the record confirmed both conditions were met. Consequently, the waiver barred Guice from challenging the sentencing enhancement, and the appeal was dismissed without addressing the underlying merits of the sentencing argument.
The appeal is dismissed, meaning Guice's challenge to the sentencing enhancement is barred by his prior agreement. The Government's motion to enforce the waiver is granted, while its alternative motion for summary affirmance is denied. No further action is taken on the merits of the sentencing argument.
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