United States v. Kevin Clardy, 877 F.3d 228

In 2009 Clardy pleaded guilty to being a felon in possession of a firearm and to possessing >50 grams of crack with intent to distribute.
His plea agreement contained an express waiver titled “Waiver of Appellate Rights” stating he knowingly waived the right to challenge his sentence in any collateral attack, specifically listing 28 U.S.C. §§ 2255, 2241, and 18 U.S.C. § 3582(c).
The district court accepted the plea and sentenced Clardy to 144 months’ imprisonment.
The Sentencing Commission later amended the Guidelines lowering offense levels for drug crimes. Clardy moved under 18 U.S.C. § 3582(c)(2) seeking a sentence reduction.
The district court denied the § 3582(c) motion as barred by Clardy’s express waiver; Clardy appealed.

Issue	Clardy's Argument	Government's Argument	Held
Whether Clardy waived the right to bring a § 3582(c) motion by signing the plea agreement	Waiver ambiguous: titled as appellate waiver; § 3582(c) is not an appeal; term “collateral attack” typically describes § 2255/§ 2241, not § 3582(c); § 3582(c)(2) permits court-initiated reductions so defendant cannot waive a court power	The plea agreement explicitly and unambiguously waived challenges under § 3582(c); titles/labels don’t control—specific statutory references do; waiver denies defendant the right to bring the motion but does not strip the court of power	Affirmed: Court held the waiver unambiguous and enforceable; Clardy waived the right to file a § 3582(c) motion

United States v. Griffin, 854 F.3d 911 (6th Cir. 2017) (standard: defendant may waive any right in a plea agreement and courts review waiver scope de novo)