Background
Almando Silva Hernandez appealed his one hundred twenty month prison sentence imposed after he pled guilty to conspiracy to possess with intent to distribute cocaine and marijuana on a stateless vessel in international waters. He argued the district court erred by denying relief under the safety valve and failing to apply a two level zero point reduction under the Sentencing Guidelines. The government moved to dismiss the appeal based on an appeal waiver in his written plea agreement.
The court’s reasoning
The court reviewed the validity and scope of the appeal waiver provision de novo. It found the waiver enforceable because the government showed the defendant was specifically questioned about the waiver during the Rule eleven colloquy and understood its full significance. The waiver expressly waived the right to appeal the sentence on any ground except if the sentence exceeded the guideline range, exceeded the statutory maximum, or violated the Eighth Amendment. The defendant’s sentence did not exceed the guideline range or statutory maximum, and he raised no Eighth Amendment claim.
What it means going forward
Defendants who sign plea agreements with broad appeal waivers must ensure they understand the limited exceptions before pleading guilty, as courts will enforce the waiver to dismiss appeals that do not fit within those narrow exceptions.
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