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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-15180
Non-Argument Calendar
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D.C. Docket No. 1:19-cr-00053-WS-B-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRANCE DWAYNE WILLIAMS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Alabama
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(May 22, 2020)
Before WILLIAM PRYOR, JILL PRYOR and MARCUS, Circuit Judges.
PER CURIAM:
The Government’s motion to dismiss this appeal pursuant to the appeal
waiver in Williams’s plea agreement is GRANTED. As the record reflects,
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Williams knowingly and voluntarily waived his right to appeal his sentence.
During the plea colloquy, the court specifically questioned him about the waiver,
and in describing it, the court told Williams that he was “waiving [his] right to
appeal [his] conviction and sentence either by filing a direct appeal or a collateral
appeal, with the following limited exceptions: . . . punishment in excess of the
statutory maximum, any punishment constituting an upward departure of the
guideline range, and any claim of ineffective assistance of counsel.” Williams
acknowledged that he understood the waiver’s terms. Thus, the record establishes
that Williams knowingly and voluntarily agreed to the sentence appeal waiver. See
United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (holding that a
sentence appeal waiver will be enforced if it was made knowingly and voluntarily).
Further, no exception to the appeal waiver applies. Williams’s 151-month
prison sentence did not exceed the applicable guideline range, and it did not exceed
the statutory maximum penalty. Williams also has not raised any issues of
ineffective assistance of counsel. Moreover, Williams’s counsel filed an Anders
brief conceding that the appeal waiver was made knowingly and voluntarily, thus
barring his appeal. Finally, although Williams objected to his career-offender
status during sentencing, an enforceable appeal waiver is not made unenforceable
by issues disputed at sentencing and waives the right to appeal debatable legal
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issues. See United States v. Bascomb, 451 F.3d 1292, 1296 (11th Cir. 2006);
United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005).
Accordingly, we grant the government’s motion to dismiss Williams’s
appeal pursuant to the sentence appeal waiver.
DISMISSED.
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