United States v. Alex McCoy, 895 F.3d 358

Alex McCoy pleaded guilty to count one of a federal indictment charging a crack‑cocaine conspiracy; three other counts were dismissed under a plea agreement.
The plea agreement included a stipulated factual basis (stating membership in a crack conspiracy involving 840–2,800 grams of crack) and an appellate waiver surrendering all appeal rights except ineffective assistance of counsel or prosecutorial misconduct.
At the Rule 11 colloquy the government corrected a drafting error (added the word "base" after "cocaine") and misstated the minimum quantity once in court; McCoy expressly affirmed the plea agreement, the factual basis, and the appellate waiver.
The PSR adopted the 840–2,800 gram range and asserted leadership, premises, and firearm enhancements; McCoy objected to enhancements but not to the drug‑quantity range.
The district court accepted the plea, found a factual basis, applied enhancements, and sentenced McCoy to 292 months’ imprisonment; McCoy appealed and the government moved to dismiss based on the waiver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of appellate waiver	Government’s drafting and oral errors created confusion about drug type/quantity, so waiver wasn’t knowing and voluntary	Waiver was knowing and voluntary: McCoy signed/adopted plea and factual basis, made no timely objections, and affirmed understanding at colloquy	Waiver was valid and knowing; government errors did not render plea or waiver involuntary
Whether an appellate waiver bars a challenge to the plea’s factual basis	A challenge to the factual basis goes to voluntariness of plea and thus survives a waiver	Government argued factual‑basis challenges are barred by a valid waiver (alternative: factual basis sufficient here)	A factual‑basis challenge survives an appellate waiver because it attacks plea voluntariness
Sufficiency of the factual basis (link to co‑conspirator Moore)	McCoy: record lacks sufficient facts tying him to conspiracy members (Moore), so plea unsupported	Govt: McCoy stipulated he was a member of a crack conspiracy; sworn stipulation and colloquy suffice	Factual basis was sufficient; stipulated recitation and sworn statements bind McCoy; plain‑error review finds no reversible error

United States v. Copeland, 707 F.3d 522 (4th Cir.) (standard for reviewing appellate waiver validity)
United States v. Thornsbury, 670 F.3d 532 (4th Cir.) (consider totality of circumstances for waiver)
United States v. Martinez, 277 F.3d 517 (4th Cir.) (plain‑error review of waived Rule 11 objections)
United States v. Attar, 38 F.3d 727 (4th Cir.) (limits on appellate waivers)
United States v. Marin, 961 F.2d 493 (4th Cir.) (sentence exceeding statutory maximum exception)
United States v. Brown, 232 F.3d 399 (4th Cir.) (waiver exceptions when plea involuntary)
United States v. Puentes‑Hurtado, 794 F.3d 1278 (11th Cir.) (factual‑basis challenge survives waiver)
United States v. Hildenbrand, 527 F.3d 466 (5th Cir.) (same)
United States v. Adams, 448 F.3d 492 (2d Cir.) (same)
Blackledge v. Allison, 431 U.S. 63 (U.S.) (defendants are bound by sworn plea statements)
United States v. Mastrapa, 509 F.3d 652 (4th Cir.) (review standard where defendant didn’t withdraw plea)
United States v. Ketchum, 550 F.3d 363 (4th Cir.) (stipulated facts can alone support a plea)
United States v. DeFusco, 949 F.2d 114 (4th Cir.) (bare recitation of facts may satisfy Rule 11)
United States v. Johnson, 54 F.3d 1150 (4th Cir.) (no requirement that defendant know every conspirator)
United States v. Leavis, 853 F.2d 215 (4th Cir.) (same)
United States v. Tate, 845 F.3d 571 (4th Cir.) (appeal waiver bars sentencing‑guideline claims absent preserved exceptions)