United States v. Kimberly Kiehl

── United States v. Kimberly Kiehl ── Case No.: 25-12355 Court: Court of Appeals for the Eleventh Circuit Date: March 27, 2026 Category: NEW USCA11 Case: 25-12355 Document: 36-1 Date Filed: 03/27/2026 Page: 1 of 8 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12355 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIMBERLY KIEHL, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:22-cr-00441-CEH-LSG-1 ____________________ Before BRASHER, ABUDU, and ANDERSON, Circuit Judges. PER CURIAM: Kimberly Kiehl appeals her conviction and 24-month sen- tence for mail fraud and selling counterfeit drugs in violation of 18 U.S.C. § 1341 and 21 U.S.C. §§ 331(i)(3), 333(a)(2). She pleaded USCA11 Case: 25-12355 Document: 36-1 Date Filed: 03/27/2026 Page: 2 of 8 2 Opinion of the Court 25-12355 guilty and agreed to waive her right to appeal. She argues that her guilty plea was not knowing and voluntary, and that her sentence appeal waiver is unenforceable. We affirm. I. According to the plea agreement, Kiehl sold misbranded and counterfeit drugs and medical devices that lacked FDA approval. She was charged with two counts of mail fraud, two counts of in- troduction of misbranded drugs and devices, and two counts of trafficking in counterfeit drugs and medical devices. She initially pleaded not guilty. Kiehl asserted that she was not competent to stand trial due to a prior traumatic brain injury. She successfully moved to appoint an expert to conduct an independent psychiatric evaluation. The court-appointed psychologist concluded that Kiehl was “not com- petent to proceed to trial related to her apparent cognitive defects.” The court ordered Kiehl hospitalized for four months pending fur- ther evaluation. At the hospital, Kiehl attended weekly competency restora- tion classes and underwent a series of cognitive assessments. At the end of the program, she was evaluated by another psychologist, Dr. Jordana Pepper. Dr. Pepper concluded that Kiehl was compe- tent to stand trial. She noted Kiehl had “sound factual knowledge and rational understanding of court proceedings,” was “able to ef- fectively engage in reciprocal communication,” and had “demon- strated vast improvements over the course of her competency treatment.” USCA11 Case: 25-12355 Document: 36-1 Date Filed: 03/27/2026 Page: 3 of 8 25-12355 Opinion of the Court 3 Following her release from the hospital, Kiehl entered into a plea agreement with the government, in which she pleaded guilty to one count of mail fraud and one count of selling counterfeit drugs. According to the plea agreement, Kiehl “expressly waive[d] the right to appeal [her] sentence on any ground, including the ground that the Court erred in determining the applicable guide- lines range pursuant to the United States Sentencing Guidelines.” The only exceptions were if her sentence exceeded the guidelines range, exceeded the statutory maximum, or violated the Eighth Amendment, or if the governmen