[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 18-15338

Non-Argument Calendar

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D.C. Docket No. 2:18-cr-00155-MHT-WC-1

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee,

versus

DEMETRUS DONYELL PORTER, 

 Defendant - Appellant.

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Appeal from the United States District Court

for the Middle District of Alabama

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(September 24, 2019)

Before MARTIN, ROSENBAUM, and NEWSOM, Circuit Judges.

PER CURIAM:

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Demetrus Donyell Porter appeals his 84-month sentence imposed for his 

conviction for possession of a firearm by a convicted felon, in violation of 18 U.S.C. 

§ 922(g)(1). Porter argues that the district court procedurally erred when sentencing 

him by considering as part of Porter’s relevant conduct evidence of firearms seized 

from his home during a May 8, 2018, search. The evidence in question had been the 

subject of a successful suppression motion. In response, the government asserts that 

Porter’s challenge to his sentence is barred by his valid appeal waiver contained in 

his plea agreement. Where, as here, the government has not appealed Porter’s 

sentence, the appeal waiver prohibits Porter from appealing or collaterally attacking

his sentence unless on grounds of ineffective assistance of counsel or prosecutorial 

misconduct.

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

v. DiFalco, 837 F.3d 1207, 1215 (11th Cir. 2016); 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. Lewis, 928 F.3d 980, 985 

(11th Cir. 2019); United States v. Bushert, 997 F.2d 1343, 1351 (11th Cir. 1993). 

To establish the waiver was made knowingly and voluntarily, the government must 

show that either (1) the district court specifically questioned the defendant about the 

wavier during the plea colloquy, or (2) the record makes clear the defendant 

otherwise understood the full consequences of the waiver. Lewis, 928 F.3d at 985; 

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See Garibo-Carmona v. United States, 216 F. Supp. 3d 1378, 1381 n.7 (11th Cir. 

2016).

Here, the record demonstrates that Porter knowingly and voluntarily waived 

his right to appeal. At the plea colloquy, the magistrate judge specifically questioned 

Porter about the appeal waiver in his plea agreement. The magistrate judge 

explained to Porter that he had the right to appeal his sentence but that, by entering 

a guilty plea, he was waiving his right to appeal or collaterally attack all or part of 

his sentence except on the grounds of ineffective assistance of counsel or 

prosecutorial misconduct. Porter responded to the magistrate judge by stating he 

understood. He also agreed that no one had threatened him or made any promises 

or assurances not listed in the plea agreement. These facts are sufficient to establish 

that Porter knowingly and voluntarily agreed to waive his right to appeal.

Porter also does not argue that any exception to the appeal waiver applies here. 

Accordingly, we dismiss Porter’s appeal pursuant to the appeal waiver.

DISMISSED.

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