United States v. Altidor – Do It For The Caselaw

The United States Court of Appeals for the Eleventh Circuit granted the government's motion to dismiss an appeal based on a waiver in the defendant's plea agreement. The court enforced the waiver, noting that it was made knowingly and voluntarily.

Background

The defendant, Jimmy Altidor, filed an appeal from a criminal sentencing in the United States District Court for the Middle District of Florida. The government moved to dismiss the appeal, citing an appeal waiver included in Altidor’s plea agreement.

The court’s reasoning

The court granted the government’s motion to dismiss, relying on established precedent that sentence appeal waivers are enforced if made knowingly and voluntarily. The court cited United States v. Bushert, United States v. Bascomb, and United States v. Grinard-Henry to support the conclusion that such waivers cannot be vitiated by judicial comments during sentencing and include waivers of the right to appeal difficult legal issues or blatant error.

The government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED.

USCA11 Case: 25-11029 Document: 29-1

What it means going forward

Defendants who sign plea agreements with appeal waivers may be barred from appealing their sentences, even if they believe the sentence was erroneous or the judge made improper comments.