context: Briggs's appeal falls within the scope of the waiver, which by its terms applies in a direct criminal appeal unless the sentence imposed was above the court-determined Guidelines range. Further, the record reflects that Briggs entered into both the waiver and the plea agreement knowingly and voluntarily, and we find that no miscarriage of justice would result from enforcing the waiver in this ease.
citation_a.signal: see also
citation_a.identifier: 571 F.3d 769, 772
citation_a.parenthetical: de novo review of whether defendant waived right to appeal sentence
citation_a.sentence: See United States v. Jennings, 662 F.3d 988, 990 (8th Cir.2011) (court should enforce appeal waiver if both waiver and plea agreement were entered into knowingly and voluntarily, appeal is within scope of waiver, and no miscarriage of justice would result), cert. denied, -U.S.-, 132 S.Ct. 2407, 182 L.Ed.2d 1043 (2012); see also United States v. Azure, 571 F.3d 769, 772 (8th Cir.2009) (de novo review of whether defendant waived right to appeal sentence).
citation_b.signal: see
citation_b.identifier: 662 F.3d 988, 990
citation_b.parenthetical: court should enforce appeal waiver if both waiver and plea agreement were entered into knowingly and voluntarily, appeal is within scope of waiver, and no miscarriage of justice would result
citation_b.sentence: See United States v. Jennings, 662 F.3d 988, 990 (8th Cir.2011) (court should enforce appeal waiver if both waiver and plea agreement were entered into knowingly and voluntarily, appeal is within scope of waiver, and no miscarriage of justice would result), cert. denied, -U.S.-, 132 S.Ct. 2407, 182 L.Ed.2d 1043 (2012); see also United States v. Azure, 571 F.3d 769, 772 (8th Cir.2009) (de novo review of whether defendant waived right to appeal sentence).