UNITED STATES v. FLOYD (2020)

SUMMARY ORDER

Defendant-Appellant Rudy Floyd appeals from a judgment of conviction before the District Court (Schofield, J.) following a guilty plea, pursuant to a plea agreement, to one count of Hobbs Act robbery and one count of brandishing a firearm in relation to the robbery. In the plea agreement, Floyd waived his right to appeal any sentence within or below the stipulated Guidelines range of 262 to 327 months’ imprisonment. The District Court sentenced Floyd principally to a term of 144 months’ imprisonment, well below the stipulated range. We assume the parties’ familiarity with the underlying facts and prior record of proceedings, to which we refer only as necessary to explain our decision to dismiss the appeal.

On appeal, Floyd argues that the appeal waiver contained in his plea agreement is not enforceable because it lacks consideration. See United States v. Lutchman, 910 F.3d 33, 37 (2d Cir. 2018). Specifically, Floyd contends that he did not receive any benefits from the agreement because he could have received the same sentence without waiving his right to appeal. As part of the plea agreement, however, the Government stipulated to a three-level reduction and agreed not to seek any upward departure from the Guidelines range. These concessions clearly constitute consideration, as Floyd “decided to trade a guilty plea for a chance at a reduced sentence.” United States v. Brunetti, 376 F.3d 93, 95 (2d Cir. 2004). We therefore reject Floyd’s argument and conclude that his appeal waiver is enforceable.

We have considered Floyd’s remaining arguments and conclude that they are without merit. For the foregoing reasons, the appeal is DISMISSED.