Case: 18-14955 Date Filed: 09/05/2019 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-14955
Non-Argument Calendar
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D.C. Docket No. 5:17-cr-00005-LGW-BWC-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CEDRIC L. KING,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Georgia
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(September 5, 2019)
Before WILLIAM PRYOR, MARTIN, and GRANT, Circuit Judges.
PER CURIAM:
Cedric King appeals the substantive reasonableness of his 268-month
sentence for conspiracy to possess with intent to distribute controlled substances.
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The government argues this appeal should be dismissed based on the appeal waiver
in King’s written plea agreement.
“We review the validity of a sentence appeal waiver de novo.” United
States v. Johnson, 541 F.3d 1064, 1066 (11th Cir. 2008). “A sentence appeal
waiver must be made knowingly and voluntarily.” Id. “The waiver is valid if the
government shows either that: (1) the district court specifically questioned the
defendant about the waiver; or (2) the record makes clear that the defendant
otherwise understood the full significance of the waiver.” Id.
King’s plea agreement included the following appeal waiver:
Defendant waives his right to appeal on any ground, with
only three exceptions: he may appeal his sentence if (1)
that sentence exceeds the statutory maximum, (2) that
sentence exceeds the advisory Guidelines range
determined by this Court at sentencing, or (3) the
government appeals. By signing the plea agreement,
Defendant explicitly instructs his attorney not to file an
appeal unless one of the three exceptions is met.
When King entered his plea, the district court described the terms of the appeal
waiver and asked King if he had any questions about it. King said he did not.
After the plea colloquy, the district court found King’s plea was knowingly and
voluntarily entered.
The district court correctly concluded King knowingly and voluntarily
agreed to the sentence appeal waiver. See United States v. Buchanan, 131 F.3d
1005, 1008 (11th Cir. 1997) (per curiam) (explaining a sentence waiver was
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knowingly and voluntarily entered where the plea “colloquy establishe[d] that the
defendant understood the nature and extent of the appeal waiver and agreed to it”).
Also, none of the three exceptions to King’s appeal waiver are present. We will
therefore enforce King’s appeal waiver and dismiss this appeal.
DISMISSED.
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