United States v. Maicor Eliud Cepeda-Garcia
CourtCourt of Appeals for the Eleventh Circuit
Date FiledOctober 27, 2026
Docket25-13621
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NOT FOR PUBLICATION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. 25-13621
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MAICOR ELIUD CEPEDA-GARCIA,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:24-cr-00542-SDM-AEP-1
____________________
Before JORDAN, JILL PRYOR, and BRANCH, Circuit Judges.
PER CURIAM:
Maicor Cepeda-Garcia appeals his conviction for conspiracy
to traffic firearms, in violation of 18 U.S.C. § 933(a)(3). He argues
that the district court plainly erred in finding that he knowingly,
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2 Opinion of the Court 25-13621
intelligently, and voluntarily entered his guilty plea because the
court did not inform him of the nature of the charges against him.
He also argues that the court erred in failing to inquire into an ap-
parent conflict of interest between him and his counsel created by
the sentence-appeal waiver in his plea agreement.
I
In December of 2024, a grand jury charged Mr. Cepeda-Gar-
cia and Jonathan Ortega-Martinez in a three-count indictment with
(1) conspiracy to traffic firearms, in violation of 18 U.S.C.
§ 933(a)(3) (Count 1); (2) firearms trafficking, in violation of
§ 933(a)(1) (Count 2); and dealing in firearms without a license, in
violation of § 922(a)(1)(A) (Count 3). Under the terms of a written
plea agreement, Mr. Cepeda-Garcia agreed to plead guilty to Count
1 in exchange for the government’s agreement to dismiss Counts 2
and 3, to not charge him with other federal offenses known at the
time of the agreement, and to recommend (1) a sentence within his
advisory guideline range and (2) a three-level reduction to his of-
fense level under U.S.S.G. § 3E1.1(a) based on his acceptance of re-
sponsibility.
A
In June of 2025, Mr. Cepeda-Garcia signed a plea agreement
with the government indicating his intent to plead guilty. He and
his counsel certified that they had read the entire agreement and
understood its terms. The magistrate judge, however, declined to
accept the plea because Mr. Cepeda-Garcia did not admit the es-
sential elements of the offense. Specifically, after the government
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25-13621 Opinion of the Court 3
read the factual basis for the plea, the magistrate judge asked if the
factual basis was accurate, and Mr. Cepeda-Garcia answered, “[n]ot
exactly.” D.E. 158 at 30. Mr. Cepeda-Garcia elaborated that the
government had mentioned Puerto Rico and a crime scene in a dif-
ferent country, which he did not know about, that there were not
any packing materials in his house, and that the firearms in his
house were for personal use.
At this point, the magistrate judge paused to ask the govern-
ment to clarify Mr. Cepeda-Garcia involvement with the criminal
conspiracy to traffic firearms. In response, Mr. Cepeda-Garcia ex-
plained that “I did listen to [the government] clarify things and
stat[e] that I did not directly do that, but there did come a point
where I am connected; however, I’m not responsible for those
other things.” Id. at 36. The magistrate judge asked Mr. Cepeda-
Garcia if he obtained firearms from others and repackaged them to
send them to Miami, and he initially answered yes. Then he added,
“I didn’t buy the firearms, but at some point I did help package
them.” Id. He elaborated, “[o]n occasion I was paid, but I didn’t
ship any firearms anywhere either.” Id. The magistrate judge then
asked if he put the firearms in boxes because he knew that they
would be shipped, and he answered, “Yes, but at that point I didn’t
know that it was something illegal. I do accept responsibility that
it was something illegal.” Id. Unsatisfied with these responses, both
the magistrate judge and the government agreed that it would not
be prudent to proceed to the change of plea. Instead, the magistrate
judge recommended that Mr. Cepeda-Garcia talk to his counsel off
the record.
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4 Opinion of the Court 25-13621
After Mr. Cepeda-Garcia’s spoke with his counsel off the rec-
ord, counsel stated that he was prepared to go forward with his
guilty plea subject to certain modifications of the factual basis. The
magistrate judge responded that he could not proceed because Mr.
Cepeda-Garcia had said that he did not know his conduct was ille-
gal. The magistrate judge offered to revisit the matter at a later
date, after Mr. Cepeda-Garcia and his counsel had further discus-
sions. Subsequently, Mr. Cepeda-Garcia filed an unopposed mo-
tion to continue his trial, which the district court granted to pro-
vide counsel additional time to negotiate a plea agreement.
B
On July 2, 2026, Mr. Cepeda-Garcia signed and initialed a
second plea agreement that was identical to the prior plea agree-
ment, apart from its factual basis. The factual basis in the second
plea agreement was similar to that of the prior agreement, but
made a number of changes.
The factual basis asserted that Mr. Cepeda-Garcia was part
of a conspiracy that trafficked more than 250 firearms, and re-
moved co-defendant 4’s statement that Mr. Cepeda-Garcia was the
organizer of the conspiracy. The factual basis described how sur-
veillance footage from 2023 showed Mr. Cepeda-Garcia and co-de-
fendant 1 obtaining firearms by entering co-defendant 4’s resi-
dence, walking out with packages wrapped in firearms packaging
material, and loading the packages into co-defendant 1’s car. The
factual basis also included a photo of Mr. Cepeda-Garcia carrying
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25-13621 Opinion of the Court 5
one such box to a car and two photos from a video of co-defendant
1 packaging firearms into boxes for light fixtures.
The factual basis further described surveillance footage from
one occasion in 2024 that depicted co-defendant 1 and Mr. Cepeda-
Garcia unpacking three parcels from a car, transporting them into
a house, loading two parcels from the house into a car, and driving
to a UPS store, where co-defendant 1 used a false name to drop off
the parcels. Law enforcement seized the parcels, determining that
they each contained two rifle styled firearms and accessories and
that their destination was Miami. A UPS employee stated that co-
defendant 1 had come into the store approximately 20 times and
shipped as many as six boxes at one time. The factual basis omitted
any reference to the personal firearms recovered from the resi-
dence of Mr. Cepeda-Garcia. Mr. Cepeda-Garcia and his counsel
signed the second plea agreement certifying that they both read the
agreement in its entirety and that Mr. Cepeda-Garcia fully under-
stood its terms.
On the same day, July 2, 2026, the magistrate judge held a
second change-of-plea hearing. See D.E. 147 at 1. The magistrate
judge asked Mr. Cepeda-Garcia whether he recalled the discussions
at his prior change-of-plea hearing, and he answered yes. The mag-
istrate judge swore him in after he acknowledged the penalties for
false testimony under oath and confirmed that he had agreed to
plead guilty to Count 1. The magistrate judge restated the elements
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6 Opinion of the Court 25-13621
of the offense as listed in the plea agreement and asked if he under-
stood what the government would have to prove to show that he
was guilty of Count 1. He answered yes.
Then, the government read the factual basis from his second
plea agreement, which incorporated the changes described above.
See id. at 5-11. The government noted that Mr. Cepeda-Garcia had
not agreed to the assertion in the factual basis about the eight fire-
arms that the ATF traced to a crime scene in the Dominican Re-
public. The magistrate judge asked Mr. Cepeda-Garcia if he disa-
greed with the factual basis as described by the government, and
he answered no. The magistrate judge then inquired whether he
had received firearms from others, concealed them in packages,
and sent them by post, and he stated, “I help[ed] [] package them,
but I did not send them.” Id. at 12. The magistrate judge further
inquired whether he drove with co-defendant 1 to the UPS store
where the latter dropped off the packages, and he responded, “on
that day I was in the car.” Id. When the magistrate judge asked
whether he packaged firearms to deliver on other occasions, he an-
swered, [n]ot all that quantity.” Id. at 13. The magistrate judge re-
peated the prior question, and this time he answered yes. The mag-
istrate judge incorporated all discussions from the prior hearing
into the record.
The magistrate judge then inquired into whether (1) Mr.
Cepeda-Garcia was satisfied with the advice and representation of
his counsel; (2) his counsel had done all that he had asked; (3) he
had discussed all of his options with counsel, including proceeding
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25-13621 Opinion of the Court 7
to trial; and (4) he was satisfied with his choice to plead guilty after
discussing his case with counsel, and he answered yes. See id. at
13-14. The magistrate judge confirmed that Mr. Cepeda-Garcia was
competent and wished to have his plea heard by the magistrate
judge, rather than the district court. The magistrate judge similarly
ensured that he had signed and initialed the second plea agreement,
reviewed and discussed it with counsel, and understood all its pro-
visions. The magistrate judge reviewed the penalties associated
with Count 1 and emphasized that the district court was not bound
by the plea agreement and could reject its recommendations,
which would not permit him to withdraw his plea.
The magistrate judge also reviewed the terms of the sen-
tence-appeal waiver, including its four exceptions, and emphasized
that this provision “specifically waived [his] right to appeal the sen-
tence unless one of those” four exceptions applied. Id. at 23. The
magistrate judge confirmed that Mr. Cepeda-Garcia’s plea was vol-
untary and explained the advisory nature of the Guidelines, the un-
predictable nature of his sentence, and how sentencing functioned.
The magistrate judge went over each of his trial rights and asked if
Mr. Cepeda-Garcia understood that his guilty plea would waive all
of these rights. He answered yes.
The magistrate judge explained that it did not matter to him
whether he pled guilty or proceeded to trial, and Mr. Cepeda-Gar-
cia stated that he understood. The magistrate judge asked whether
he wanted to plead guilty, and he answered yes. The magistrate
judge again asked how he pled to Count 1, which charged him with
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8 Opinion of the Court 25-13621
conspiring to traffic firearms in violation of § 933(a)(3), and he an-
swered guilty. He confirmed that he pled guilty because he was in
fact guilty. The magistrate judge asked Mr. Cepeda-Garcia if he had
any questions or matters that were not covered, and he answered
no.
The magistrate judge then found, based on the first and sec-
ond change-of-plea hearings, that Mr. Cepeda-Garcia was compe-
tent to enter a guilty plea, and knowingly, intelligently, and volun-
tarily entered a guilty plea supported by an independent factual ba-
sis on each of the elements of Count 1. The magistrate judge ex-
plained that it would prepare a report and recommendation
(“R&R”) advising the district court to accept his plea, that he would
have 14 days to object to the R&R or the court would likely accept
his plea, and that the Probation Office would prepare a PSI before
sentencing.
The magistrate judge prepared a R&R that recommended
accepting Mr. Cepeda-Garcia’s guilty plea on Count 1 and adjudi-
cating him guilty. The R&R stated that the parties had 14 days to
file objections, and failure to do so would waive their rights to
change unobjected-to factual findings or legal conclusions. The dis-
trict court adopted the R&R, accepted his plea, and adjudicated
him guilty of Count 1, noting that Mr. Cepeda-Garcia had not ob-
jected to the R&R. The district court later sentenced Mr.
Cepeda-Garcia to 180 months’ imprisonment on Count 1.
Mr. Cepeda-Garcia appealed. His counsel filed a motion to
withdraw, stating that Mr. Cepeda-Garcia indicated to him that he
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25-13621 Opinion of the Court 9
planned to raise a claim of ineffective assistance of counsel on ap-
peal, such that counsel could not ethically continue representing
him. The court granted counsel’s motion to withdraw and ap-
pointed him new counsel on his appeal. Mr. Cepeda-Garcia then
wrote a letter in Spanish to the district court, which interpreted the
letter as a pro se motion to revoke or reduce his sentence due to
ineffective assistance of counsel. The court denied his motion with-
out prejudice as premature because his direct appeal was pending.
II
Mr. Cepeda-Garcia argues that the district court plainly
erred in failing to inform him of the nature of the offense before he
entered his guilty plea because the court did not mention two ad-
ditional elements listed in this Court’s pattern jury instructions for
criminal conspiracies, namely, that one of the conspirators know-
ingly engaged in at least one overt act described in the indictment
during the conspiracy and that this overt act was committed
around the alleged time to further the conspiracy. The government
argues that Mr. Cepeda Garcia waived any challenge to the district
court’s acceptance of his guilty plea and, alternatively, that he can-
not show the magistrate judge plainly erred in informing him of
the nature of the charge.
When a defendant fails to object to a violation of Federal
Rule of Criminal Procedure 11 in the district court, we review for
plain error. See United States v. Monroe, 353 F.3d 1346, 1349 (11th
Cir. 2003). Under plain-error review, the defendant has the burden
of showing there is (1) error; (2) that is plain; and (3) that affects his
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10 Opinion of the Court 25-13621
substantial rights. Id. If all three conditions are met, then we may
exercise our discretion to notice a forfeited error, but only if the
error seriously affects the fairness, integrity, or public reputation of
judicial proceedings. See id. Further, “a defendant who seeks rever-
sal of his conviction after a guilty plea, on the ground that the dis-
trict court committed plain error under Rule 11, must show a rea-
sonable probability that, but for the error, he would not have en-
tered the plea.” United States v. Dominguez Benitez, 542 U.S. 74, 83
(2004).
On plain-error review, we may review the whole record
when considering the effect of any error on substantial rights. See
Monroe, 353 F.3d at 1350. An appellant abandons an issue on appeal
by not raising it in his opening brief. See United States v. Cannon, 987
F.3d 924, 939 (11th Cir. 2021).
A district court may designate a magistrate judge to conduct
hearings and issue proposed findings of fact and recommendations.
See 28 U.S.C. § 636(b)(1)(A), (b)(1)(B). Generally, a party may object
to a report and recommendation within 14 days, and the district
court shall make a de novo determination of those portions of the
R&R to which an objection was made. See § 636(b)(1). When a
party fails to object to a magistrate judge’s findings or recommen-
dations contained in a R&R, that party “waives the right to chal-
lenge on appeal the district court’s order based on unobjected-to
factual and legal conclusions if the party was informed of the time
period for objecting and the consequences on appeal for failing to
object.” 11th Cir. R. 3-1. See also Fed. R. Crim. P. 59(b)(2) (stating
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25-13621 Opinion of the Court 11
that the failure to object to an R&R within 14 days waives the right
to review the proposed findings and recommendations). Under
Rule 3-1, in the absence of a proper objection, we may still review
a challenge on appeal for plain error “if necessary in the interests of
justice.” 11th Cir. R. 3-1.
Before a district court can accept a guilty plea, it must inform
the defendant of his rights should he plead not guilty, the nature of
the charges against him, the potential penalties, the court’s obliga-
tion to calculate his advisory guideline range, and any plea agree-
ment provision waiving his right to appeal. See
Fed. R. Crim. P. 11(b)(1)(B)-(E), (G)-(N). The court must also ex-
plain that a guilty plea waives the defendant’s trial rights and ensure
that the plea is entered voluntarily and is supported by a sufficient
factual basis. See Fed. R. Crim. P. 11(b)(1)(F), (b)(2)-(3). Further,
the court must explain that the defendant can be prosecuted for
perjury for testifying falsely under oath. See
Fed. R. Crim. P.11(b)(1)(A).
Determining that a defendant’s guilty plea is knowing and
voluntary, the district court must conduct a plea colloquy to ensure
that the three core concerns of Rule 11 are met: “(1) the guilty plea
must be free from coercion; (2) the defendant must understand the
nature of the charges; and (3) the defendant must know and under-
stand the consequences of his guilty plea.” United States v. Freixas,
332 F.3d 1314, 1318 (11th Cir. 2003) (quotation marks omitted).
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12 Opinion of the Court 25-13621
Whether the district court has complied with the second
core principle depends on a variety of factors, including the com-
plexity of the offense and the defendant’s sophistication and intelli-
gence. See United States v. Presendieu, 880 F.3d 1228, 1238-39 (11th
Cir. 2018). “There is no rigid formula or ‘mechanical rule’ for de-
termining whether the district court adequately informed the de-
fendant of the nature of the charges.” Id. at 1238 (citation omitted).
“Importantly, Rule 11 does not specify that a district court must list
the elements of an offense.” Id. (citations omitted). For simple
charges, it will usually suffice for the district court to read the in-
dictment and allow the defendant to ask any questions that he may
have about it. See id. at 1239. “Notably too, in some cases, a factual
proffer may set forth in such detail the facts of the crime that it
effectively incorporates the substance of the elements of the of-
fense.” Id. (citing United States v. Wiggins, 131 F.3d 1440, 1442 (11th
Cir. 1997)).
In contrast, we have held that a district court plainly erred in
failing to inform the defendant of the nature of the charges against
him by merely asking him, “[h]ave you seen the indictment or have
you had the indictment read to you so that you understand exactly
how you are charged in counts one and three, and what the Gov-
ernment [] would have to prove in order that you be convicted?”
United States v. Telemaque, 244 F.3d 1247, 1249 (11th Cir. 2001) (al-
teration added). We emphasized in Telemaque that “[t]he court did
not refer to the elements of the offense in inviting the Govern-
ment’s proffer, nor was there any statement on the record that
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Telemaque’s counsel assisted Telemaque in understanding the
charges.” Id.
“Before entering judgment on a guilty plea, the court must
determine that there is a factual basis for the plea.”
Fed. R. Crim. P. 11(b)(3). “A factual basis for the plea simply means
that there must be evidence from which a court could reasonably
find that the defendant was guilty, and uncontroverted evidence of
guilt is not required.” United States v. Rodriguez, 751 F.3d 1244, 1255
(11th Cir. 2014) (quotation marks omitted).
Under 18 U.S.C. § 933, titled “Trafficking in firearms,” it is
unlawful to:
(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of any firearm to another person
in or otherwise affecting interstate or foreign com-
merce, if such person knows or has reasonable cause
to believe that the use, carrying, or possession of a
firearm by the recipient would constitute a felony (as
defined in section 932(a));
(2) receive from another person any firearm in or oth-
erwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe
that such receipt would constitute a felony; or
(3) attempt or conspire to commit the conduct de-
scribed in paragraph (1) or (2).
18 U.S.C. § 933(a)(1)-(3).
As an initial matter, we review Mr. Cepeda-Garcia’s Rule 11
challenge for plain error because he did not object under Rule 11
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14 Opinion of the Court 25-13621
at his second plea colloquy, even after the magistrate judge advised
him of the consequences of pleading guilty. See Monroe, 353 F.3d at
1349; D.E. 147 at 29–30. Nor did he object to the R&R’s recom-
mendation that the district court accept his guilty plea. Although
Mr. Cepeda-Garcia argues that the record does not indicate
whether the R&R was mailed to him or included a certificate of
service, he has abandoned this argument by raising it for the first
time in his reply brief. See Cannon, 987 F.3d at 939. Moreover, he
had sufficient notice of the time period to object because the mag-
istrate judge informed him of the 14-day period to object at his July
2025 change-of-plea hearing. But even assuming the interests of jus-
tice warrant review, Mr. Cepeda-Garcia cannot show that the mag-
istrate judge failed to inform him of the nature of the charges
against him.
Citing to our pattern jury instructions for general conspira-
cies charges under 18 U.S.C. § 371, Mr. Cepeda-Garcia claims the
magistrate judge failed to advise him of the third and fourth ele-
ments of his conspiracy charge. As an important distinction,
though, Mr. Cepeda-Garcia was not charged with a general con-
spiracy under § 371. Rather, he was charged with conspiring to traf-
fic firearms in violation of 18 U.S.C. § 933(3). And there is no case
holding that an over act is an element of a § 933(3) conspiracy of-
fense
Despite Mr. Cepeda-Garcia’s contentions otherwise, each el-
ement of his offense was expressly addressed at the second plea
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25-13621 Opinion of the Court 15
hearing. And when the magistrate judge asked whether he under-
stood what the government would have to demonstrate to show
he was guilty, Mr. Cepeda-Garcia responded affirmatively.
Mr. Cepeda-Garcia essentially argues that because the mag-
istrate judge did not recite each of the elements of the firearms traf-
ficking conspiracy charge verbatim as stated in 18 U.S.C. § 933, he
was not fully advised of the nature of the offense against him. We
disagree. Although the magistrate judge could have recited each
element or independently explained each element of the firearms-
trafficking conspiracy charge in more detail, he was not required to
under our precedent. See Presendieu, 880 F.3d at 1238-39.
After reciting the elements of the charge as written in the
plea agreement, the magistrate judge allowed the government to
read the factual basis from the plea agreement, which incorporated
the elements of the offense. This was sufficient. See id. at 1239–41;
Wiggins, 131 F.3d at 1442. Following the government’s recitation
of the factual basis, Mr. Cepeda-Garcia unequivocally admitted, on
the record, that he agreed to participate in a firearms-trafficking
conspiracy that involved obtaining firearms illegally through
straw-purchases by co-conspirators, concealing those firearms in
light-fixture packaging, and shipping the packages to recipients
elsewhere for distribution overseas. These admissions, standing
alone, satisfy every element of the charged conspiracy offense and
therefore supply an adequate factual basis for the plea. See United
States v. Puentes-Hurtado, 794 F.3d 1278, 1287 (11th Cir. 2015). Un-
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16 Opinion of the Court 25-13621
der these circumstances, we find no error in the district court find-
ing that Mr. Cepeda-Garcia understood the nature of the charges
against him and that his plea was informed.
We further note that Mr. Cepeda-Garcia has offered no ar-
gument that there was any probability that he would have declined
entering into the plea absent the alleged error. For this reason too,
Mr. Cepeda-Garcia has failed to demonstrate plain error.
III
Mr. Cepeda-Garcia also argues that the appeal waiver in his
plea agreement created an obvious conflict of interest between him
and his counsel because it barred him from challenging his sen-
tence on ineffective-assistance-of-counsel grounds. He contends
that this conflict triggered the district court’s duty to inquire and
that, because the court made no inquiry, his conviction must be
automatically reversed.
On this issue, Mr. Cepeda Garcia’s argument stumbles out
of the gate because we have held that automatic reversal is reserved
for cases in which defense counsel is forced to represent codefend-
ants over a timely objection. Dallas v. Warden, 964 F.3d 1285, 1303
(11th Cir. 2020) (citing Mickens v. Taylor, 535 U.S. 162, 168, (2002)).
Outside that narrow context, when a district court fails to ade-
quately inquire into a conflict of interest that it knows or reasona-
bly should know about, “reversal is only warranted if the [defend-
ant] shows an actual conflict that negatively affected his attorney’s
performance.” Id. at 1303–04.
Moreover, by its terms the appeal waiver only applies to
challenges to the sentence, and not the conviction. See D.E. 96 at
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25-13621 Opinion of the Court 17
17-18. And the appeal waiver does not prevent Mr. Cepeda-Garcia
from filing a motion to vacate based on ineffective counsel
grounds. See 28 U.S.C. § 2255. We have explained that we will not
address ineffective assistance of counsel claims on direct criminal
appeal, “[e]xcept in the rare instance when the record is sufficiently
developed.” United States v. Curbelo, 726 F.3d 1260, 1267 (11th Cir.
2013) (quoting United States v. Verbitskaya, 406 F.3d 1324, 1337 (11th
Cir. 2005)). Instead, a defendant should raise an ineffective-assis-
tance-of-counsel claim in a § 2255 motion. See Massaro v. United
States, 538 U.S. 500, 504–09 (2003). Notably, a conflict of interest
issue is akin to an ineffective counsel issue, therefore, it is proper
for a § 2255 motion. See U.S. Const. amend. VI (providing every
criminal defendant the right to effective assistance of counsel). See
also United States v. Jones, 52 F.3d 924, 925 (11th Cir. 1995) (provid-
ing that an attorney’s conflict of interest may deprive a criminal
defendant of his constitutional right to the effective assistance of
counsel).
In sum, the appeal waiver does not create an inherent con-
flict of interest that vitiates Mr. Cepeda-Garcia’s guilty plea.
IV
Accordingly, we affirm Mr. Cepeda-Garcia’s conviction and
sentence on Count 1.
AFFIRMED.