United States v. Prentice Tanniehill

U.S. Court of Appeals for the Eleventh Circuit

United States v. Prentice Tanniehill

Opinion

USCA11 Case: 22-12725 Document: 60-1 Date Filed: 11/20/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-12725 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PRENTICE DELAWRENCE TANNIEHILL, a.k.a. P, a.k.a. Pete, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:21-cr-00149-AMM-JHE-1 ____________________ USCA11 Case: 22-12725 Document: 60-1 Date Filed: 11/20/2024 Page: 2 of 3

2 Opinion of the Court 22-12725

Before JILL PRYOR, BRASHER, and ABUDU, Circuit Judges. PER CURIAM: Prentice Delawrence Tanniehill appeals his 180-month sen- tence for his convictions for conspiracy to possess with intent to distribute five kilograms or more of cocaine hydrochloride, 21 U.S.C. §§ 841(a)(1) and 846, distribution of cocaine hydrochlo- ride, 21 U.S.C. § 841(a)(1), and use of a communication facility to commit a drug trafficking crime, 21 U.S.C. § 843(b). On appeal, Tanniehill argues that the district court erred at sentencing in cal- culating his advisory guidelines range. The government moves to dismiss Tanniehill’s appeal, arguing that he knowingly and volun- tarily waived his right to appeal. We review the validity and scope of an appeal-waiver de novo. King v. United States, 41 F.4th 1363, 1366 (11th Cir. 2022). Sentence appeal waivers are enforceable if they are made know- ingly and voluntarily. Id. at 1367. To enforce a waiver, “[t]he gov- ernment must show that either (1) the district court specifically questioned the defendant concerning the sentence appeal waiver during the Rule 11 colloquy, or (2) it is manifestly clear from the record that the defendant otherwise understood the full signifi- cance of the waiver.” United States v. Bushert, 997 F.2d 1343, 1351 (11th Cir. 1993); see also United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (noting that the “touchstone for assessing” if a sen- tence appeal waiver was made knowingly and voluntarily “is whether ‘it was clearly conveyed to the defendant that he was giv- ing up his right to appeal under most circumstances’” (alterations USCA11 Case: 22-12725 Document: 60-1 Date Filed: 11/20/2024 Page: 3 of 3

22-12725 Opinion of the Court 3

adopted) (quoting Bushert, 997 F.2d at 1352-53)). “We have consist- ently enforced knowing and voluntary appeal waivers according to their terms.” United States v. Bascomb, 451 F.3d 1292, 1294 (11th Cir. 2006). “An appeal waiver includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005). After careful review of the record, we conclude that Tan- niehill knowingly and voluntarily waived his right to appeal his sen- tence and his challenges on appeal fall within the scope of that waiver. Accordingly, we GRANT the government’s motion to dis- miss. See Bascomb, 451 F.3d at 1294; Bushert, 997 F.2d at 1351.

Reference

Status
Unpublished