Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. JUSTIN DEMON LOWERY

Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-07-07

Docket: 8:24-cr-00200-WFJ-LSG-3

The eleventh-circuit granted the government’s motion to dismiss Justin Lowery’s appeal, ruling that his valid sentence-appeal waiver in the plea agreement bars his claim regarding the admission of a government witness at sentencing. The court applied the standard that appeal waivers are enforceable if entered into knowingly and voluntarily, which was established here through the magistrate judge’s specific questioning during the plea colloquy and Lowery’s confirmation of understanding. The court relied on *Hunter v. United States*, 608 U.S. __ (2026), to reject Lowery’s argument that the district court’s erroneous statements at sentencing regarding his right to appeal could negate the waiver, noting that such comments do not vitiate a knowing and voluntary waiver absent a “miscarriage of justice.” The court found no miscarriage of justice because Lowery did not argue that enforcement would result in egregious error bringing the judicial system into disrepute, particularly since the district court explicitly stated it did not rely on the witness’s testimony for its sentencing decision. Consequently, the appeal is dismissed, and the district court’s sentence stands.

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