The opinion
Case: 24-60079 Document: 64-1 Page: 1 Date Filed: 02/24/2025
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 24-60079
Summary Calendar FILED
____________ February 24, 2025
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Eddie Joseph Brown, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:22-CR-90-3
______________________________
Before Graves, Willett, and Wilson, Circuit Judges.
Per Curiam: *
Eddie Joseph Brown, Jr. appeals the 188-month sentence imposed
following his guilty plea conviction for possession with intent to distribute a
mixture or substance containing a detectable amount of heroin. He raises a
number of sentencing issues on appeal. The Government now moves to
enforce the appeal waiver in Brown’s plea agreement.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-60079 Document: 64-1 Page: 2 Date Filed: 02/24/2025
No. 24-60079
We review de novo whether an appeal waiver bars an appeal. United
States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). A defendant may waive his
right to appeal if the waiver is knowing and voluntary. United States v.
Higgins, 739 F.3d 733, 736 (5th Cir. 2014). For a waiver to be knowing and
voluntary, the defendant must know that he had a right to appeal, understand
that he was relinquishing that right, and be aware of the consequences of
giving up that right. Id. If the waiver is knowing and voluntary, we then
consider whether the terms of the appeal waiver apply to the circumstances
at hand, based upon the plain language of the plea agreement. Id.
Here, the plea agreement included a clear, unambiguous waiver of the
right to appeal Brown’s conviction or sentence on any ground whatsoever,
except that he reserved the right to raise an ineffective assistance of counsel
claim. Brown and his counsel signed the plea agreement. At rearraignment,
Brown confirmed that he had read and discussed the plea agreement and plea
supplement, including the appeal waiver, with his counsel and understood
the terms of those agreements. He also confirmed that he knowingly and
voluntarily agreed to the waiver. He did not ask any questions or express any
confusion concerning the appeal waiver. Brown’s “solemn declarations in
open court carry a strong presumption of verity.” United States v. McKnight,
570 F.3d 641, 649 (5th Cir. 2009) (internal quotation marks and citation
omitted). The appeal waiver applies to Brown’s sentencing claims, as the
only exception was for ineffective assistance claims. See Higgins, 739 F.3d at
736. Therefore, Brown’s sentencing claims are barred by his knowing and
voluntary appeal waiver. See id. at 736-37.
APPEAL DISMISSED; MOTION TO DISMISS APPEAL
GRANTED; MOTION FOR SUMMARY AFFIRMANCE
DENIED.
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