Coogan Preston pleaded guilty to conspiring to bribe a public official and receiving gratuities for directing federal subcontracts. Under his plea agreement, he waived his right to appeal his conviction and sentence, reserving exceptions only for sentences exceeding the statutory maximum, sentences exceeding the guideline range determined by the court, or claims of ineffective assistance of counsel. The district court calculated a guideline range of 24 months for the gratuities count and 60 months for the conspiracy count, resulting in a total sentence of 64 months. Preston appealed, arguing the sentence exceeded the statutory maximum and the guideline range, but the government moved to dismiss based on the waiver.
The court applied de novo review to the validity and scope of the appeal waiver. It found the waiver enforceable because the district court specifically questioned Preston about the waiver during the Rule 11 colloquy, and the record showed he understood the significance of giving up his appeal rights. The court then analyzed whether Preston's arguments fell within the exceptions to the waiver. First, regarding the statutory maximum, the court noted that the plea agreement allowed for up to 24 months on Count One and 60 months on Count Two, creating an aggregate ceiling of 84 months. Since the imposed sentence was 64 months, it did not exceed the applicable statutory maximum. Second, regarding the guideline range, the court observed that the district court determined the range to be 24 and 60 months respectively and sentenced Preston within that range, actually going below the original advisory range of 70 to 87 months. The court held that a waiver of the right to appeal includes the right to appeal difficult or debatable legal issues, and Preston could not escape the waiver by claiming the court erred in calculating the guidelines when the sentence remained within the range determined at sentencing.
The dismissal means Preston's 64-month prison sentence stands as imposed by the district court. The decision reinforces that plea agreement waivers are strictly enforced in the Eleventh Circuit when the defendant has been properly advised and the sentence falls within the agreed-upon statutory and guideline limits. It clarifies that defendants cannot appeal sentencing errors regarding guideline calculations if the final sentence does not exceed the range the court determined at the time of sentencing.
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