United States v. Darryl Payne
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 3, 2026
Docket26-10590
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 26-10590
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRYL PAYNE,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket No. 3:25-cr-00206-BL-SMD-1
____________________
Before BRANCH, LUCK, and ABUDU, Circuit Judges.
PER CURIAM:
Darryl Panye appeals his 12-month-and-one-day sentence
for failing to register under the Sex Offender Registration and No-
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2 Opinion of the Court 26-10590
tification Act (“SORNA”). On appeal, Payne argues that his sen-
tence is substantively unreasonable because the district court failed
to properly consider the circumstances of his case and his personal
characteristics. In response, the government moves to dismiss
Payne’s appeal pursuant to a sentence-appeal waiver in his plea
agreement. After careful review, we conclude that Payne know-
ingly and voluntarily waived his right to appeal, his challenge falls
within the appeal waiver, and no exception applies. Accordingly,
we dismiss the appeal.
I. FACTUAL BACKGROUND & PROCEDURAL HISTORY
In March 2025, a grand jury indicted Payne with one count
of failing to register under SORNA, in violation of 18 U.S.C.
§ 2250(a) (“Count 1”). Payne pled guilty to Count 1 in exchange
for the government’s agreement not to bring additional charges
against Payne for the conduct described in the indictment, to rec-
ommend that Payne receive a sentence at the low end of the guide-
line range, and to recommend a reduction for acceptance of re-
sponsibility. The parties’ agreement included a set of stipulated
facts stating that Payne traveled to Alabama between 2023 and
2025 and knowingly failed to register or update his registration un-
der SORNA there.
Under a section titled “THE DEFENDANT’S WAIVER OF
APPEAL AND COLLATERAL ATTACK,” the plea agreement
reflected that Payne was giving up most of his appellate rights. Spe-
cifically, the provision stated:
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26-10590 Opinion of the Court 3
Understanding that 18 U.S.C. § 3742 provides for ap-
peal by a defendant of the sentence under certain cir-
cumstances, the defendant expressly waives any and
all rights conferred by 18 U.S.C. § 3742 to appeal the
conviction, sentence, or order of forfeiture. The de-
fendant further expressly waives the right to attack
the conviction or sentence in any post-conviction pro-
ceeding, including proceedings pursuant to 28 U.S.C.
§ 2255. Exempt from this waiver is the right to appeal
or collaterally attack the conviction or sentence on
the grounds of ineffective assistance of counsel or
prosecutorial misconduct.
The provision also noted that Payne would be released from the
appeal waiver if the government exercised its right to appeal.
Additionally, the plea agreement clarified that it represented
the entire agreement between the parties, and that Payne had en-
tered it freely and voluntarily. Payne initialed every page of the
document and signed the final page. His attorney also signed the
last page of the agreement beneath a certification that she had ad-
vised Payne of the nature of the offense, applicable penalties, and
rights Payne was waiving.
Payne appeared for a change-of-plea hearing before the mag-
istrate judge. 1 He was placed under oath and warned that he could
1 Payne consented to a magistrate judge conducting the change-of-plea hear-
ing.
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4 Opinion of the Court 26-10590
be prosecuted for perjury if he made any false statements. Payne
confirmed that he had not recently been treated for mental illness
or consumed any drugs, alcohol, or medicine that day. He also
stated that he had discussed the indictment with his attorney, with
whom he was satisfied. Additionally, Payne confirmed that he had
reviewed, read, and understood the plea agreement, and was plead-
ing guilty of his own free will.
The magistrate judge ensured Payne understood that he was
pleading guilty to a felony and would not be able to withdraw his
plea based on the sentence he received. The magistrate judge also
discussed the sentencing process and the maximum penalties
Payne could face. Next, the magistrate judge explained that
Payne’s plea agreement contained a sentence-appeal waiver, pur-
suant to which he was “giving up [his] right to file any sort of appeal
or collateral challenge to [his] conviction or [his] sentence,” with
limited exceptions. Payne’s counsel noted that she had addressed
those exceptions with Payne, and he confirmed he understood the
appeal waiver provision. The magistrate judge also ensured that
Payne understood the trial rights he was waiving.
The government then informed Payne of the essential ele-
ments of the charged offense. The parties stipulated that Payne
was subject to SORNA’s registration requirements due to a prior
conviction but failed to update his registration after relocating to
Alabama. The magistrate judge found that there was an adequate
factual basis for the plea, and Payne pled guilty. The magistrate
judge then determined that Payne had entered the plea knowingly
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26-10590 Opinion of the Court 5
and voluntarily and recommended that the district court accept it.
The district court adopted the magistrate judge’s recommendation,
accepted Payne’s plea, and adjudged him guilty of Count 1.
Prior to sentencing, a probation officer prepared a presen-
tence investigation report (“PSI”). The PSI calculated a base of-
fense level of 16 but reduced it by three levels for acceptance of
responsibility, yielding a total offense level of 13. 2 It also assigned
Payne a criminal history category of II due to his prior convictions.
Based on an offense level of 13 and criminal history category of II,
Payne’s guideline range was 15 to 21 months’ imprisonment.
Payne moved for a downward variance, requesting a sen-
tence of time served, and filed a sentencing memorandum in sup-
port of his request. The government also filed a sentencing mem-
orandum, maintaining that Payne should receive 15 months in
prison.
At sentencing, the district court adopted the PSI’s sentencing
calculations, finding that Payne’s advisory guideline imprisonment
range was 15 to 21 months, to be followed by a five-year term of
supervised release. 3 The court then turned to the plea agreement
and the government recited its terms. The government specified
that, pursuant to the agreement, Payne “expressly waive[d] the
2 The government filed a motion to reduce Payne’s offense level for ac-
ceptance of responsibility, which the district court granted.
3 The PSI reflected that an appropriate term of supervised release was five
years to life.
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6 Opinion of the Court 26-10590
right to attack [his] conviction or sentence in any post-conviction
proceedings except for ineffective assistance of counsel or prosecu-
torial misconduct.” It also noted that Payne would be released
from the appeal waiver if the government exercised its right to ap-
peal. The court asked Payne whether the government’s summary
of the plea agreement aligned with his understanding of it, and he
responded affirmatively.
Payne allocuted, and the district court heard arguments on
his motion for a downward variance. Payne asserted that a sen-
tence of time served was warranted considering his difficult up-
bringing, progress in improving his life after his prior incarceration,
and family obligations. The government submitted that a sentence
of 15 months’ imprisonment, at the low end of the guideline range,
was appropriate given the nature of Payne’s offense. The district
court granted Payne’s motion for a downward variance, noting, in-
ter alia, that Payne had overcome various personal struggles and
accepted responsibility for his actions. After stating that it had con-
sidered the 18 U.S.C. § 3553(a) factors, the district court imposed a
12-month sentence, followed by a five-year term of supervised re-
lease. It explained that Payne’s sentence was sufficient, but not
greater than necessary, to comply with the statutory purposes of
sentencing and was reasonable considering the Section 3553(a) fac-
tors. The court then solicited objections to the sentence and Payne
requested a prison sentence of 12 months and one day to trigger
his eligibility for good-time credits. The government did not ob-
ject, and the court imposed the requested sentence. It later entered
judgment to this effect. Payne’s appeal followed.
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II. STANDARD OF REVIEW
We review the validity and scope of an appeal-waiver provi-
sion de novo. Rudolph v. United States, 92 F.4th 1038, 1043 (11th Cir.
2024).
III. DISCUSSION
On appeal, Payne argues that his 12-month-and-one day sen-
tence is substantively unreasonable. He acknowledges that the dis-
trict court correctly calculated his sentence and varied downward
from the guideline range but maintains that his personal history
and characteristics warranted a larger downward variance.
The government moves to dismiss Payne’s appeal based on
the sentence-appeal waiver in his plea agreement. It argues that
Payne’s valid plea agreement contained a provision that explicitly
conveyed that Payne was waiving his right to appeal, and his attor-
ney advised him of the appeal waiver. Thus, the government as-
serts that it was “manifestly clear that Payne understood he was
waiving his right to appeal.” Additionally, the government main-
tains that the magistrate judge questioned Payne about the appeal
waiver during the change-of-plea hearing and determined that
Payne’s plea was knowing and voluntary. Finally, it contends that
Payne’s challenge to his below-guideline sentence does not fall
within any of the appeal waiver’s exceptions and its enforcement
would not result in a “miscarriage of justice” under Hunter v. United
States, 608 U.S. 713 (2026).
Sentence appeal waivers are enforceable if they are made
knowingly and voluntarily. United States v. Bushert, 997 F.2d 1343,
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1350–51 (11th Cir. 1993). To enforce an appeal waiver, “[t]he gov-
ernment must show that either (1) the district court specifically
questioned the defendant concerning the sentence appeal waiver
during the [plea] colloquy, or (2) it is manifestly clear from the rec-
ord that the defendant otherwise understood the full significance
of the waiver.” Id. at 1351; see also United States v. Boyd, 975 F.3d
1185, 1192 (11th Cir. 2020) (noting that “the touchstone for as-
sessing” if a sentence appeal waiver was made knowingly and vol-
untarily “is whether ‘it was clearly conveyed to the defendant that
he was giving up his right to appeal under most circumstances’” (al-
terations adopted) (emphasis in original) (quoting Bushert, 997 F.2d
at 1352–53)). “We have consistently enforced knowing and volun-
tary appeal waivers according to their terms.” United States v. Bas-
comb, 451 F.3d 1292, 1294 (11th Cir. 2006).
In Hunter, the Supreme Court held that an otherwise valid
appeal waiver “is unenforceable when it would result in a miscar-
riage of justice.” Hunter, 608 U.S. at 727. However, that exception
is limited. An appeal waiver “may be set aside only if the sentence
is marred by the kind of egregious error that would bring the judi-
cial system into disrepute.” Id. The error must also be “obvi-
ous—not one a judge could reasonably make.” Id. Examples of
cases in which the miscarriage-of-justice exception applies involve
sentences that (1) exceed statutory maximums; (2) are “infected
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26-10590 Opinion of the Court 9
with a blatant constitutional error;” and (3) are imposed without a
basic civilized procedure. 4 Id. at 728.
Here, Payne’s appeal waiver is valid and enforceable be-
cause he made it knowingly and voluntarily. Payne signed the plea
agreement, certifying that he voluntarily agreed to all its
terms—including the explicit waiver of his right to appeal his sen-
tence or conviction. Moreover, at the change-of-plea hearing, the
magistrate judge specifically questioned Payne about the appeal
waiver and ensured he understood its significance by stating that
Payne was “giving up [his] right to file any sort of appeal or collat-
eral challenge to [his] conviction or [his] sentence,” with limited
exceptions. Payne’s attorney also confirmed that she had advised
him of the waiver’s exceptions. Additionally, Payne expressed to
the magistrate judge that he understood the appeal waiver provi-
sion, and we assume his statements are true. See United States v.
Medlock, 12 F.3d 185, 187 (11th Cir. 1994) (“There is a strong pre-
sumption that the statements made during [a plea] colloquy are
true.”). Thus, Payne knowingly and voluntarily waived his right
to appeal. Bushert, 997 F.2d at 1350–51.
Furthermore, Payne’s challenge to the substantive reasona-
bleness of his sentence does not fall within any of the waiver’s ex-
ceptions. Payne has not asserted ineffective-assistance-of-counsel
or prosecutorial misconduct claims, and the government has not
appealed. Additionally, he has not argued that the district court
4 The Supreme Court clarified that this list is not exhaustive. See Hunter, 608
U.S. at 728.
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10 Opinion of the Court 26-10590
erred so obviously and egregiously that enforcing his appeal waiver
would result in a miscarriage of justice. Hunter, 608 U.S. at 727.
Instead, Payne concedes that the district court properly calculated
his sentence and imposed a term of imprisonment below the guide-
line range. Thus, he has not shown that his valid appeal waiver
should not be enforced. Id.
IV. CONCLUSION
In sum, Payne knowingly and voluntarily waived his right
to appeal his sentence, his challenge on appeal falls within the scope
of that waiver, and no exception applies. Accordingly, we apply
the waiver by its terms. Bascomb, 451 F.3d at 1294.
DISMISSED.