Marcus Guice pleaded guilty to two separate drug offenses: conspiracy to possess with intent to distribute cocaine and possession with intent to distribute methamphetamine. Both pleas were entered pursuant to the same plea agreement, which included a waiver of his right to appeal. He received sentences of 175 months imprisonment in both cases, along with terms of supervised release and fines. On appeal, Guice argued that the district court erred by applying a two-level sentencing enhancement under U.S.S.G. § 2D1.1(b)(12) for maintaining a premises for drug distribution. The government moved to enforce the appeal waiver and dismiss the appeal, arguing that the waiver barred this specific challenge.
The Fifth Circuit reviewed the enforceability of the appeal waiver de novo. The court applied a two-step inquiry established in precedent. First, the court examined whether the waiver was knowing and voluntary. Second, the court considered whether the waiver applied to the circumstances at hand based on the plain language of the agreement. The record confirmed that both conditions were met. The court found that the waiver's plain language barred Guice from raising the specific argument regarding the sentencing enhancement. Consequently, the court granted the government's motion to enforce the waiver and dismissed the appeal.
The appeal is dismissed, meaning the district court's sentencing decision stands without further review on the merits of the enhancement argument. This outcome reinforces the strict enforcement of appeal waivers in the Fifth Circuit when they are found to be knowing, voluntary, and applicable to the specific issue raised. The government's alternative motion for summary affirmance was denied, as the dismissal on waiver grounds made it unnecessary to address the merits.
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