USCA11 Case: 19-15157 Date Filed: 10/26/2020 Page: 1 of 4
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________________
No. 19-15157
Non-Argument Calendar
_____________________
D.C. Docket No. 3:18-cr-00053-CAR-CHW-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MATHEW SHAVER,
a.k.a. Sandy,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
________________________
(October 26, 2020)
Before JILL PRYOR, LUCK and MARCUS, Circuit Judges.
PER CURIAM:
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The Government’s motion to dismiss this appeal pursuant to the appeal waiver
in Appellant’s plea agreement is GRANTED. As the record reveals, Shaver
knowingly and voluntarily waived his right to appeal his sentence. See United States
v. Bushert,
997 F.2d 1343, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be
enforced if it was made knowingly and voluntarily). At the plea colloquy, the district
court specifically questioned Shaver about the sentence appeal waiver and confirmed
that Shaver understood that once he pled guilty he could not appeal the sentence the
court imposed on him except for very limited reasons. Shaver added that he had
received a copy of the plea agreement, had discussed the agreement with his counsel,
and understood the agreement’s terms, and confirmed that he freely and voluntarily
waived his right to appeal his sentence except under limited circumstances. See id.;
see also United States v. Weaver,
275 F.3d 1320, 1333 (11th Cir. 2001) (appeal
waiver will be enforced where the waiver provision was discussed during the plea
colloquy and defendant agreed that she understood the provision and entered into it
freely and voluntarily); United States v. Grinard-Henry,
399 F.3d 1294, 1296 (11th
Cir. 2005) (appeal waiver will be enforced where magistrate judge specifically
questioned defendant about the appeal waiver during the plea colloquy, explained
its significance, and confirmed that defendant understood); United States v. Boyd,
___ F.3d ___, No. 18-11063,
2020 WL 5542482 (11th Cir. Sept. 16, 2020) (appeal
waiver will be enforced where the district court did not question the defendant about
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every possible exception to the waiver but explained that he would not be able to
appeal his sentence if he was sentenced within the guideline range, it would calculate
the guideline range, and his sentence could be outside that range and different from
other estimates he may have received). On this record, Shaver agreed to the sentence
appeal waiver knowingly and voluntarily, and as a result, it is enforceable unless an
exception applies. See
Bushert, 997 F.2d at 1350-51.
The exceptions to Shaver’s appeal waiver do not apply. For starters, Shaver
has not been released from the appeal waiver, because the government has not
appealed his sentence. Further, Shaver’s 168-month sentence did not exceed the
statutory maximum of life imprisonment or the advisory guideline range of 168 to
210 months’ imprisonment that the court established at sentencing. In addition,
when Shaver waived his right to appeal his “sentence,” he also waived his right to
appeal any term of supervised release or its conditions, because they are part of the
“package of sanctions” of which a criminal sentence is comprised. See United States
v. Stinson,
97 F.3d 466, 469 (11th Cir. 1996); 18 U.S.C. §§ 3583(a), 3742(a)(3).
Finally, it’s worth noting that after the government filed its motion to dismiss
Shaver’s appeal based on the appeal waiver, Shaver filed a waiver of his response,
declining to dispute any of the arguments made by the government concerning the
appeal waiver.
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Accordingly, we grant the government’s motion to dismiss Shaver’s appeal
because it is barred by the appeal waiver.
DISMISSED.
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