Background
Jose Miguel De Paz Tovilla appealed his one hundred thirty-five month sentence for conspiring to distribute cocaine on board a vessel. He argued the sentence was procedurally unreasonable because the district court failed to apply a mitigating role adjustment. The government moved to dismiss the appeal based on an appeal waiver in the plea agreement.
The court’s reasoning
The court reviewed the validity of the sentence appeal waiver de novo. It found the waiver enforceable because the record showed Tovilla knowingly and voluntarily agreed to it. He signed the agreement, certified he reviewed it with counsel, and confirmed his understanding during the plea colloquy. The court noted that the waiver bars appeals unless a miscarriage of justice would occur. Tovilla did not argue that enforcement would cause a miscarriage of justice, and his claim did not meet that high bar. Additionally, none of the waiver’s exceptions applied because the sentence did not exceed the statutory maximum, was at the bottom of the guidelines range, and he did not claim ineffective assistance of counsel.
We enforce appeal waivers that a defendant made knowingly and voluntarily, unless doing so would result in a miscarriage of justice.
Hunter v. United States, 146 S. Ct. 1702, 1712–13 (2026)
What it means going forward
Defendants who sign plea agreements with appeal waivers must ensure their claims fall within the narrow exceptions or prove a miscarriage of justice to proceed with an appeal.