[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 18-12345

Non-Argument Calendar

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D.C. Docket No. 0:17-cr-60321-BB-1

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

OWOLABI PAUL HAMMED, 

Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Florida

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(May 15, 2019)

Before WILLIAM PRYOR, BRANCH, and GRANT, Circuit Judges.

PER CURIAM:

Owolabi Hammed appeals the substantive reasonableness of his aggregate 

61-month sentence for his convictions for bank fraud, in violation of 18 U.S.C. 

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§ 1344, aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1), and 

access device fraud, in violation of 18 U.S.C. § 1029(a)(2), to which he pleaded 

guilty. The government argues that this appeal should be dismissed based on the 

sentence appeal waiver in Hammed’s written plea agreement.

“We review the validity of a sentence appeal waiver de novo.” United 

States v. Johnson, 541 F.3d 1064, 1066 (11th Cir. 2008). A sentence appeal 

waiver will be enforced if it was made knowingly and voluntarily. United States v. 

Buchanan, 131 F.3d 1005, 1008 (11th Cir. 1997). To establish that the 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 

colloquy; or (2) the record makes clear that the defendant otherwise understood the 

full significance of the waiver. Id. The valid waiver of the right to appeal 

“includes the waiver of the right to appeal difficult or debatable legal issues or 

even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th 

Cir. 2005).

Hammed’s plea agreement included the following appeal waiver:

[I]n exchange for the undertakings made by the United States in this 

plea agreement, the Defendant hereby waives all rights conferred by 

[18 U.S.C. §] 3742 and [28 U.S.C. §] 1291 to appeal any sentence 

imposed, including any restitution order, or to appeal the manner in 

which the sentence was imposed, unless the sentence exceeds the 

maximum permitted by statute or is the result of an upward departure 

and/or an upward variance from the advisory guideline range that the 

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Court establishes at sentencing. . . . However, if the United States 

appeals the Defendant’s sentence pursuant to Sections 3742(b) and

1291, the Defendant shall be released from the above waiver of 

appellate rights. By signing this agreement, the Defendant 

acknowledges that the Defendant has discussed the appeal waiver set 

forth in this agreement with the Defendant’s attorney.

Doc. 53 at 6 (emphases added). 

At his sentencing hearing, the district court specifically questioned Hammed 

about his understanding of the appeal waiver, and he acknowledged to the court 

that he signed a plea agreement containing the waiver, that he understood the 

sentence appeal waiver and its exceptions, and that he discussed the sentence 

appeal waiver with his attorney. The district court correctly concluded that 

Hammed agreed to the sentence appeal waiver knowingly and voluntarily. See 

Buchanan, 131 F.3d at 1008 (finding an appeal waiver was made “knowingly and 

voluntarily” because the district court’s “colloquy establishes that the defendant 

understood the nature and extent of the appeal waiver and agreed to it”). 

Furthermore, the three exceptions to Hammed’s appeal waiver—an appeal by the 

government, a total sentence exceeding the maximum permitted by statute, or a 

total sentence that is the result of an upward departure and/or an upward variance 

from the advisory guideline range—are not present. Accordingly, we will enforce 

Hammed’s appeal waiver and dismiss this appeal. 

DISMISSED.

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