April 15, 2026·4:23-cr-00086-RSB-CLR-1·Per Curiam·By James Taylor
The United States Court of Appeals for the Eleventh Circuit granted the Government's motion to dismiss an appeal based on a plea agreement waiver. The court dismissed the defendant's challenges to his sentence with prejudice.
Background
The defendant, Sheldon Jason Burch, appealed his sentence from the United States District Court for the Southern District of Georgia. The Government moved to dismiss the appeal, citing an appeal waiver in Burch’s plea agreement.
The court’s reasoning
The court held that a sentence-appeal waiver will be enforced if it was made knowingly and voluntarily. The waiver of the right to appeal includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.
The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Burch’s plea agreement is GRANTED, and we DISMISS with prejudice his challenges to his sentence.
USCA11 Case: 25-12085 Document: 29-1 Date Filed: 04/15/2026 Page: 1 of 2
What it means going forward
The defendant is permanently barred from challenging his sentence on appeal due to the enforceable waiver in his plea agreement.
