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Neutral Court Opinion Apr 07, 2026

United States v. Ike Jackson, Jr.

── United States v. Ike Jackson, Jr. ── Case No.: 25-11876 Court: Court of Appeals for the Eleventh Circuit Date: April 06, 2026 Category: NEW USCA11 Case: 25-11876 Document: 32-1 Date Filed: 04/06/2026 Page: 1 of 8 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11876 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus IKE JACKSON, JR., Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 5:24-cr-00060-MTT-CHW-1 ____________________ Before JILL PRYOR, BRANCH, and MARCUS, Circuit Judges. PER CURIAM: Ike Jackson appeals his 200-month sentence of imprison- ment for possession with intent to distribute 40 grams or more of USCA11 Case: 25-11876 Document: 32-1 Date Filed: 04/06/2026 Page: 2 of 8 2 Opinion of the Court 25-11876 fentanyl, seeking to argue that his attorney rendered ineffective as- sistance of counsel at his sentencing. The government, in turn, moves to dismiss Jackson’s appeal pursuant to the sentence appeal waiver in his plea agreement, an issue Jackson anticipated and ad- dresses in his brief. After thorough review, we dismiss the appeal. We review the validity of a sentence appeal waiver de novo. United States v. Johnson, 541 F.3d 1064, 1066 (11th Cir. 2008). We also review de novo whether a defendant knowingly and voluntarily waived his right to appeal his sentence. United States v. Benitez-Za- pata, 131 F.3d 1444, 1446 (11th Cir. 1997). A sentence appeal waiver found in a plea agreement will be enforced if it was made knowingly and voluntarily. United States v. Bushert, 997 F.2d 1343, 1350 (11th Cir. 1993). To establish that a sentence appeal waiver was made knowingly and voluntarily, the government must show either that: (1) the district court specifically questioned the defendant about the waiver during the plea collo- quy; or (2) the record makes clear that the defendant otherwise un- derstood the full significance of the waiver. Id. at 1351; see also Fed. R. Crim. P. 11(b)(1)(N) (requiring that the district court inform the defendant of the terms of an appeal waiver). The touchstone for assessing whether an appeal waiver was knowing and voluntary is whether it was clearly conveyed to the defendant that he was giv- ing up his right to appeal under most circumstances. United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020). “Plea agreements, like contracts, should be interpreted con- sistent with the parties’ intent.” United States v. Hardman, 778 F.3d USCA11 Case: 25-11876 Document: 32-1 Date Filed: 04/06/2026 Page: 3 of 8 25-11876 Opinion of the Court 3 896, 900 (11th Cir. 2014). “The language of a plea agreement should be given its ordinary and natural meaning unless the parties indicate otherwise.” Id. “[A]s long as an appeal waiver is voluntar- ily and knowingly entered into as part of a valid plea agreement, and that agreement is accepted by the court, the waiver is enforce- able” and “cannot be vitiated or altered by comments the court makes during sentencing.” United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006). Further, we’ve “never adopt
CourtListener · Apr 06, 2026
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