Submitted: May 15, 2019
from United States District Court for the District of North
Dakota - Bismarck
BENTON, WOLLMAN, and GRASZ, Circuit Judges.
M. Knight pled guilty to transportation for illegal sexual
activity, in violation of 18 U.S.C. § 2421(a) and (2),
and conspiracy to distribute and possess with intent to
distribute controlled substances, in violation of 21 U.S.C.
§§ 841(a)(1), 841(b)(1)(C), and 846. The district
court sentenced him to 79 months'
imprisonment on each count to run concurrently. As a
condition of release, it required him to comply with the Sex
Offender Registration and Notification Act
("SORNA"). Knight appeals the SORNA registration
requirements. Having jurisdiction under 28 U.S.C. §
1291, this court affirms.
asserts the district court erred by requiring him to comply
with SORNA's sex-offender-registration requirements as
part of his supervised release. The government contends
Knight waived his right to appeal this issue in the plea
agreement. This court reviews a waiver of appellate rights,
"confirm[ing] that the appeal falls within the scope of
the waiver and that both the waiver and plea agreement were
entered into knowingly and voluntarily." United
States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003)
(en banc). "Even when these conditions are met,
however," this court "will not enforce a waiver
where to do so would result in a miscarriage of
justice." Id. at 890.
plea agreement's "Waiver of Appeal" says:
Defendant and defendant's attorney acknowledge they have
fully reviewed and fully discussed the record in this case
and all issues that may be raised on appeal. They have fully
discussed defendant's right of appeal and the
consequences of waiver. Defendant has decided to waive any
right of appeal, except as may be provided herein.
By signing this Plea Agreement, defendant voluntarily waives
defendant's right to appeal the Court's Judgment
against defendant; and, absent a claim of ineffective
assistance of counsel, defendant waives all rights to contest
the Judgment in any post-conviction proceeding, including one
pursuant to Title 28, United States Code, Section 2255.
Defendant reserves the right to appeal from a
sentence that is greater than the binding plea agreement of
79 months incarceration.
. . . .
Defendant understands and agrees this case will be over once
defendant has been sentenced by the Court. Defendant agrees
that it will be a breach of this agreement if defendant
appeals in violation of this agreement.
(emphasis in original). The plea agreement also informed
Knight that he would be required to register as a sex
Through execution of this Plea Agreement, defendant
acknowledges that he has been advised, and understands, that
pursuant to the Sex Offender Registration and Notification
Act, a federal law, he must register as a sexual offender and
keep registration current in each of the following
jurisdictions: where he resides, where he is employed, and
where he is a student. Defendant understands that the
requirements for registration include providing his name, his