[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 20-11473

Non-Argument Calendar

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D.C. Docket No. 4:19-cr-00117-RSB-CLR-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SHANNON SHEMELE CLANCY, 

a.k.a Redman,

Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Georgia

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(October 23, 2020)

Before WILSON, ROSENBAUM, and BRANCH, Circuit Judges.

PER CURIAM: 

Shannon Clancy pled guilty to distributing cocaine in violation of 21 U.S.C. 

§§ 841(a)(1) and was sentenced to a term of 151 months’ imprisonment. Clancy 

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now appeals his sentence, arguing that the district court erred in applying a twolevel sentencing enhancement pursuant to U.S.S.G. § 2D1.1(b)(12).

1

 The 

government moved to dismiss Clancy’s appeal based on an appeal waiver in his 

plea agreement. Because that appeal waiver is valid, we grant the government’s 

motion to dismiss Clancy’s appeal.2

Clancy’s written plea agreement with the government contained the 

following appeal waiver:

Defendant entirely waives his right to a direct appeal of his conviction 

and sentence on any ground (including any argument that the statute to 

which the defendant is pleading guilty is unconstitutional or that the 

admitted conduct does not fall within the scope of the statute). The only 

exceptions are that the Defendant may file a direct appeal of his 

sentence if (1) the court enters a sentence above the statutory 

maximum, (2) the court enters a sentence above the advisory 

Sentencing Guidelines range found to apply by the court at sentencing; 

or (3) the Government appeals the sentence. Absent those exceptions, 

Defendant explicitly and irrevocably instructs his attorney not to file an 

appeal.

We enforce appeal waivers that are made knowingly and voluntarily. See

United States v. Bascomb, 451 F.3d 1292, 1294 (11th Cir. 2006); United States v. 

Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993). Appeal waivers are valid even 

if the issues raised on appeal are meritorious. United States v. Grinard-Henry, 399 

1 This provision of the Sentencing Guidelines provides for a two-level enhancement “[i]f 

the defendant maintained a premises for the purpose of manufacturing or distributing a 

controlled substance.” U.S.S.G. § 2D1.1(b)(12).

2

 Clancy did not file a response to the government’s motion to dismiss his appeal. 

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F.3d 1294, 1296 (11th Cir. 2005) (“An appeal waiver includes the waiver of the 

right to appeal difficult or debatable legal issues or even blatant error.” (citing 

United States v. Howle, 166 F.3d 1166, 1169 (11th Cir. 1999))). To demonstrate 

that a waiver was made knowingly and voluntarily, the government must show that 

either (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. Bushert, 997 F.2d at 1351.

Here, we find Clancy’s waiver was made knowingly and voluntarily. 

During the Rule 11 plea colloquy, the district court accurately described and 

specifically questioned Clancy about the waiver provision, and he indicated that he 

understood it. Also, Clancy signed the plea agreement, certifying that he 

understood, discussed with his attorney, and voluntarily agreed to the waiver 

provision. Because the government has demonstrated that the appeal waiver is 

valid, we will enforce it here.

Further, the three exceptions outlined in Clancy’s waiver do not apply here.

The district court sentenced Clancy to 151 months’ imprisonment, well below the 

statutory maximum of 20 years’ imprisonment,3 and at the bottom of Clancy’s 

Guidelines range of 151–188 months’ imprisonment. Since (1) Clancy was not 

sentenced above the statutory maximum, (2) he was not sentenced above his 

3

 See 21 U.S.C. § 841(a)(1) and (b)(1)(C).

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advisory Sentencing Guidelines range, and (3) the government has not appealed the 

sentence, the appeal waiver bars Clancy’s current appeal.

Accordingly, we GRANT the government’s motion to dismiss this appeal 

based on Clancy’s appeal waiver.

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