USCA11 Case: 24-13909 Document: 25-1 Date Filed: 09/10/2025 Page: 1 of 3

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13909 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

JONATHAN O'NEAL THOMAS, Defendant- Appellant. ____________________ Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:22-cr-00166-JB-MU-1 ____________________

Before ROSENBAUM, ABUDU, and BLACK, Circuit Judges. PER CURIAM: Jonathan O’Neal Thomas appeals his sentence of 180 months’ imprisonment with a 5-year term of supervised release for possession of a firearm as a convicted felon. Thomas argues that USCA11 Case: 24-13909 Document: 25-1 Date Filed: 09/10/2025 Page: 2 of 3

2 Opinion of the Court 24-13909

we should adopt a rule, as a matter of due process, requiring the Government to justify its decision to decline to move for a down- ward departure for substantial assistance. The Government con- tends Thomas’s appeal is precluded by the appeal waiver included in his plea agreement. A defendant may waive his right to appeal if the waiver is made knowingly and voluntarily. United States v. Boyd, 975 F.3d 1185, 1190 (11th Cir. 2020). An appeal waiver is enforceable if the district court specifically questioned the defendant about it during the plea colloquy, or if it is manifestly clear from the record that the defendant understood its full significance. Id. A waiver was made knowingly and voluntarily if it was “clearly conveyed” to the defendant that the agreement barred an appeal under “most cir- cumstances.” Id. at 1192. A defendant may waive his right to appeal both constitu- tional and non-constitutional issues by executing a valid appeal waiver. United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006). There are only a few “narrow substantive exceptions” un- der which we will review a sentence when an appeal is otherwise barred by a waiver. King v. United States, 41 F.4th 1363, 1367 (11th Cir. 2022). First, we will review an appeal of a sentence based on a constitutionally impermissible factor, such as race. Id. We have also suggested that extreme circumstances, like a sentence involv- ing public flogging, would perhaps justify review of a sentence, de- spite an appeal waiver. Id. Finally, we will review an appeal of a USCA11 Case: 24-13909 Document: 25-1 Date Filed: 09/10/2025 Page: 3 of 3

24-13909 Opinion of the Court 3

sentence that exceeds a statutory maximum penalty, despite an ap- peal waiver. Id. Thomas’s appeal is barred by the appeal waiver included in his plea agreement. See Boyd, 975 F.3d at 1190 (reviewing the va- lidity of a sentence appeal waiver de novo). Thomas’s waiver was knowing and voluntary and he confirmed to the district court that he understood the terms of his agreement, including that he had waived his right to appeal in most circumstances. None of the ex- ceptions detailed in the plea agreement or recognized by our prec- edent apply to Thomas’s appeal. AFFIRMED.1

1 We note the Government’s refusal to file a substantial assistance motion is

subject to judicial review only if it was based on an unconstitutional motive or it was not rationally related to a legitimate government end. See Wade v. United States, 504 U.S. 181, 186 (1992); United States v. Dorsey, 554 F.3d 958, 960- 61 (11th Cir. 2009). Thomas makes no argument the prosecutor refused to file a substantial assistance motion based on an unconstitutional motive, such as race or religion, or that was not rationally related to a legitimate government end. Our precedent makes clear there is no general requirement for the dis- trict court to review the prosecutor’s discretionary decision regarding a sub- stantial assistance motion. See id. at 961.