Sentence-Appeal Waivers Bar Ordinary Reasonableness Challenges Absent an Applicable Exception

Case: United States v. Darryl Payne, No. 26-10590
Court: United States Court of Appeals for the Eleventh Circuit
Date: November 3, 2026
Disposition: Appeal dismissed; unpublished per curiam opinion.

1. Introduction

This decision concerns the enforceability of a criminal defendant’s agreement to waive appellate review of his sentence. Darryl Payne pleaded guilty to failing to register under the Sex Offender Registration and Notification Act (“SORNA”). Although the district court imposed a prison sentence below the advisory Sentencing Guidelines range, Payne appealed, arguing that his personal circumstances justified an even shorter sentence. The government sought dismissal under the sentence-appeal waiver in his plea agreement.

The Eleventh Circuit dismissed the appeal. It concluded that Payne knowingly and voluntarily accepted the waiver, that his sentencing challenge fell within its scope, and that neither the agreement’s express exceptions nor the miscarriage-of-justice exception described in Hunter v. United States permitted review.

The opinion’s significance lies in the distinction between an ordinary disagreement over sentencing discretion and an extraordinary error capable of overcoming an otherwise valid waiver. Because the decision is designated “NOT FOR PUBLICATION,” it is not binding Eleventh Circuit precedent. It applies existing waiver principles rather than announcing a new substantive rule governing SORNA offenses.

2. Background and Procedural History

The offense and plea bargain

A federal grand jury indicted Payne in March 2025 for violating 18 U.S.C. § 2250(a). The stipulated facts established that a prior conviction subjected him to SORNA’s registration requirements and that, after traveling to Alabama between 2023 and 2025, he knowingly failed to register or update his registration there.

Payne agreed to plead guilty. In return, the government agreed not to bring additional charges based on the conduct described in the indictment, to recommend a sentence at the bottom of the Guidelines range, and to recommend a reduction for acceptance of responsibility.

The appeal waiver

The agreement expressly waived appellate rights concerning Payne’s conviction, sentence, and forfeiture order, as well as collateral challenges, including proceedings under 28 U.S.C. § 2255. It preserved challenges based on ineffective assistance of counsel or prosecutorial misconduct. It also provided that Payne would be released from the appeal waiver if the government appealed.

Payne initialed every page and signed the agreement. His attorney certified that she had advised him about the offense, possible penalties, and rights he was relinquishing.

The plea proceedings

During the change-of-plea hearing, conducted by a magistrate judge with Payne’s consent, Payne confirmed under oath that he had read and understood the agreement, was satisfied with counsel, and was pleading guilty voluntarily. The magistrate judge specifically explained that the agreement generally surrendered his right to appeal or collaterally challenge his conviction or sentence, subject to limited exceptions. Counsel confirmed that she had discussed those exceptions with him, and Payne acknowledged understanding the waiver.

The magistrate judge found an adequate factual basis for the plea and determined that it was knowing and voluntary. The district court adopted that recommendation and accepted the plea.

The sentence and appeal

The presentence investigation report calculated a base offense level of 16, reduced by three levels for acceptance of responsibility. With a total offense level of 13 and criminal history category II, Payne’s advisory imprisonment range was 15 to 21 months.

Payne requested a downward variance to time served, relying on his difficult upbringing, efforts to improve his life after prior incarceration, and family responsibilities. The government recommended 15 months. After considering the factors in 18 U.S.C. § 3553(a), the district court imposed 12 months’ imprisonment and five years of supervised release.

Payne then requested an additional day of imprisonment to make him eligible for good-time credits. The court granted that request, producing the final sentence of 12 months and one day. On appeal, Payne accepted the Guidelines calculation but argued that the district court should have granted a larger downward variance.

3. Summary of the Opinion

The Eleventh Circuit resolved the appeal through four principal conclusions:

  1. The waiver was valid. The signed agreement, counsel’s advice, and Payne’s sworn acknowledgments established a knowing and voluntary relinquishment of appellate rights.
  2. The claim fell within the waiver. A substantive-reasonableness challenge to the prison sentence was among the sentencing appeals Payne had agreed not to pursue.
  3. No contractual exception applied. Payne did not assert ineffective assistance or prosecutorial misconduct, and the government had not appealed.
  4. No miscarriage of justice was established. Payne did not identify the obvious and egregious error required by Hunter v. United States.

The court therefore dismissed the appeal without deciding whether Payne’s sentence was substantively reasonable. That distinction is essential: the appellate holding concerns enforceability of the waiver, not the optimal length or substantive validity of the sentence.

4. Analysis

A. Precedents Cited

Rudolph v. United States, 92 F.4th 1038 (11th Cir. 2024)

The court cited Rudolph v. United States for the rule that an appeal waiver’s validity and scope receive de novo review. The appellate court therefore independently assessed whether Payne validly surrendered his rights and whether the particular claim was covered.

This standard identifies the threshold inquiry. The court was reviewing the enforceability of the waiver, not yet reviewing the district court’s sentencing discretion.

United States v. Bushert, 997 F.2d 1343 (11th Cir. 1993)

United States v. Bushert supplied the central enforceability framework: a sentence-appeal waiver is enforceable when made knowingly and voluntarily. The government must establish either that the court specifically questioned the defendant about the waiver during the plea colloquy or that the record otherwise makes the defendant’s understanding of its full significance manifestly clear.

Payne’s plea proceedings satisfied the specific-questioning route. The magistrate judge explained the waiver, identified its generally comprehensive effect, and obtained Payne’s confirmation that he understood. The written agreement and counsel’s certification further supported that conclusion.

The significance of United States v. Bushert is that a waiver’s presence in a signed document does not end the inquiry. Enforceability depends on informed and voluntary acceptance, demonstrated through the plea record.

United States v. Boyd, 975 F.3d 1185 (11th Cir. 2020)

United States v. Boyd clarified the practical focus of the knowing-and-voluntary inquiry: whether the defendant was clearly told that he was surrendering his right to appeal “under most circumstances.”

This principle supported enforcement because the magistrate judge communicated the waiver’s essential consequence. Payne was not merely informed that an appellate provision existed; he was told that it generally foreclosed challenges to his conviction and sentence. Counsel’s discussion of the exceptions reinforced the explanation.

United States v. Bascomb, 451 F.3d 1292 (11th Cir. 2006)

The court relied on United States v. Bascomb for the principle that knowing and voluntary appeal waivers are enforced according to their terms.

Once validity was established, the agreement’s actual language governed. It reserved specified claims but did not reserve an ordinary substantive-reasonableness challenge. The court therefore did not create an additional exception simply because Payne believed his mitigating circumstances deserved greater weight.

Hunter v. United States, 608 U.S. 713 (2026)

As described in the supplied opinion, Hunter v. United States establishes that an otherwise valid appeal waiver is unenforceable when enforcement would produce a miscarriage of justice. The exception, however, is deliberately narrow.

The error must be sufficiently egregious to bring the judicial system into disrepute and must also be obvious—not an error a judge could reasonably make. The examples identified include:

  • A sentence exceeding the statutory maximum;
  • A sentence infected by blatant constitutional error; and
  • A sentence imposed without basic civilized procedure.

These examples are illustrative, not exhaustive. Nevertheless, the demanding standard prevents the exception from becoming a general opportunity to relitigate sentencing disagreements.

Payne did not allege such an extraordinary defect. He conceded that the Guidelines calculation was correct and challenged only the extent of a downward variance. The court therefore found no basis under Hunter v. United States to disregard the waiver.

United States v. Medlock, 12 F.3d 185 (11th Cir. 1994)

United States v. Medlock supplied the strong presumption that statements made during a plea colloquy are true. The court accordingly credited Payne’s sworn acknowledgment that he understood the appeal waiver.

This presumption gives practical significance to the plea hearing: a defendant’s contemporaneous assurances of understanding are substantial evidence, not empty formalities. The court identified no basis in Payne’s case to reject those assurances.

B. Legal Reasoning

A sequential inquiry: validity, scope, and exceptions

The court’s analysis followed three distinct steps. First, it determined whether the waiver was knowing and voluntary. Second, it examined whether the claim fell within the waiver’s language. Third, it considered whether an express exception or the miscarriage-of-justice doctrine nevertheless permitted review.

Keeping these questions separate matters. A valid waiver may not cover every claim, and a covered claim may still qualify for an applicable exception. Conversely, a defendant cannot avoid a valid, applicable waiver merely by presenting a sentencing argument that would ordinarily be reviewable without one.

The record demonstrated informed consent

Several mutually reinforcing features supported validity: Payne signed and initialed the agreement; counsel certified that she had advised him; the magistrate judge directly explained the waiver; and Payne acknowledged understanding it under oath. At sentencing, Payne also confirmed that the government’s summary of the agreement matched his understanding.

The decision thus rests on the written and oral record together, rather than on an assumption that a guilty plea automatically eliminates appellate rights.

The asserted claim was not reserved

Payne’s argument concerned the weight assigned to mitigating circumstances. It was not presented as ineffective assistance or prosecutorial misconduct, the two grounds expressly preserved by the agreement. Nor had the government appealed, which would have released him from the appellate waiver.

The court therefore treated the claim according to its substance: a request for appellate reconsideration of sentencing discretion that the agreement had foreclosed.

Ordinary sentencing disagreement is not extraordinary injustice

Payne’s position was that the district court should have reduced his sentence further. The district court had already considered his circumstances, granted a downward variance, and explained its reliance on § 3553(a). Payne identified no obvious, egregious defect of the kind required by Hunter v. United States.

The below-Guidelines sentence provided context, but it was not an automatic answer to every possible miscarriage-of-justice claim. A below-range sentence could still involve a serious constitutional or procedural defect. The decisive point was the nature of Payne’s actual argument and the absence of any identified extraordinary error.

Dismissal did not decide the sentencing merits

The court did not independently balance Payne’s personal history against the statutory sentencing purposes. It neither held that a larger variance was unwarranted nor established that every below-Guidelines sentence is reasonable. Its conclusion was narrower: this appeal could not proceed because Payne had validly waived it.

C. Potential Impact

Although nonbinding, the opinion offers a useful illustration of how the Eleventh Circuit applies established waiver doctrine alongside the miscarriage-of-justice exception.

  • For defendants: A plea agreement can relinquish appellate review of ordinary sentencing complaints, even when the defendant believes compelling mitigation received insufficient weight.
  • For defense counsel: Advice about a waiver should address its practical effect, its express exceptions, and the limited nature of extraordinary judicial exceptions. Dissatisfaction with the eventual sentence ordinarily does not undo the bargain.
  • For prosecutors and plea courts: Clear drafting and a direct plea-colloquy explanation create a strong record for determining whether the defendant understood the waiver.
  • For future appeals: A party invoking miscarriage of justice must identify an obvious, egregious defect rather than merely repackage an ordinary reasonableness argument.

The decision also illustrates the finality provided by plea bargains while preserving limits on waiver enforcement. It does not resolve the waiver’s application to every conceivable constitutional claim, decide a collateral challenge, or establish new SORNA registration requirements.

5. Complex Concepts Simplified

Sentence-appeal waiver
An agreement to give up specified rights to challenge a sentence on appeal, usually as part of a negotiated guilty plea.
Knowing and voluntary
The defendant understands the right being surrendered and chooses to surrender it freely.
Plea colloquy
The judge’s questioning before accepting a guilty plea, designed to confirm understanding, voluntariness, and a factual basis for the plea.
De novo review
Independent appellate consideration of a legal question, without deferring to the lower court’s conclusion.
Substantive reasonableness
Whether the sentence itself is justified in light of the statutory sentencing factors, as distinct from whether the sentencing process was correctly conducted.
Downward variance
A sentence below the advisory Guidelines range based on the statutory sentencing considerations.
Collateral attack
A separate proceeding challenging a conviction or sentence after judgment, rather than a direct appeal. Section 2255 provides one such procedure for federal prisoners.
Miscarriage-of-justice exception
A narrow safeguard permitting review despite a valid waiver when enforcement would leave an obvious and exceptionally serious sentencing error uncorrected.
Good-time credits
Credits that can reduce eligible imprisonment based on compliance with applicable requirements. Payne requested the additional day to become eligible; the opinion did not adjudicate any particular credit award.

6. Conclusion

United States v. Darryl Payne illustrates the consequential nature of a knowing and voluntary sentence-appeal waiver. Because Payne’s ordinary reasonableness challenge fell within the waiver and no exception applied, the Eleventh Circuit dismissed the appeal without reaching its merits.

The central lesson is that disagreement with a sentencing court’s weighing of mitigation is not, by itself, the obvious and egregious injustice necessary to overcome an otherwise enforceable waiver. The opinion reinforces negotiated finality while recognizing the narrow safeguard against extraordinary judicial error.