[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10271 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LOREN DAVID READ,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cr-00082-WWB-GJK-1 ____________________ USCA11 Case: 23-10271 Document: 71-1 Date Filed: 10/03/2024 Page: 2 of 12

2 Opinion of the Court 23-10271

Before WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir- cuit Judges. WILLIAM PRYOR, Chief Judge: This appeal requires us to decide whether an appeal waiver bars a defendant from challenging the constitutionality of the oral pronouncement of his sentence. Loren Read agreed to plead guilty to attempting to entice a minor to engage in sexual activity. In his plea agreement, Read waived his right to appeal his sentence with three exceptions, including one exception for where the sentence exceeds the statutory maximum. At sentencing, the district court told Read that he must follow the standard discretionary conditions of supervised release for the district court during his five-year term. But the district court did not describe those conditions in detail. Read’s written judgment included 13 conditions that matched the standard conditions for the district. Read argues that the oral pro- nouncement violated his right to due process because it failed to describe the 13 conditions in detail. We grant the government’s motion to dismiss based on the appeal waiver. I. BACKGROUND A grand jury indicted Loren Read for attempting to entice a minor to engage in sexual activity. See 18 U.S.C. § 2422(b). Read had exchanged online messages with an undercover federal agent posing as the father of nine- and eleven-year-old girls. After Read expressed his desire to perform oral sex on the girls, he agreed to meet the undercover agent after the girls finished dance class one evening. Read expressed excitement to see them in their leotards USCA11 Case: 23-10271 Document: 71-1 Date Filed: 10/03/2024 Page: 3 of 12

23-10271 Opinion of the Court 3

and asked to shower with them. After he arrived for the meeting, Read approached an undercover agent posing as the father and of- fered him a bag of candy for the girls. Agents arrested Read and found three condoms in his pocket. Read agreed to plead guilty. In exchange, the government agreed not to charge Read with any other known offenses and to recommend that he receive downward adjustments to his offense level for accepting responsibility under the Sentencing Guidelines. Read also agreed to waive his “right to appeal [his] sentence on any ground, including the ground that the [district court] erred in de- termining the applicable guidelines range.” The waiver provided three exceptions that would permit Read to appeal: his sentence exceeded the guideline range that the district court determined, “exceed[ed] the statutory maximum penalty,” or violated the Eighth Amendment. If