Background
The defendant, Willie Emmanuel Wright, appealed a sentence from the United States District Court for the Southern District of Florida. The government moved to dismiss the appeal citing an appeal waiver in Wright’s plea agreement.
The court’s reasoning
The court held that the appeal waiver must be enforced if it was made knowingly and voluntarily. The court cited the touchstone for assessing this is whether it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances.
sentence appeal waiver will be enforced if it was made knowingly and voluntarily
United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993)
What it means going forward
The appeal is dismissed, leaving the district court’s sentence in place.
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