Hicks v. United States

PUBLISHED OPINION OF THE COURT

SILLIMAN, Deputy Chief Judge:

Appellant urges us to set aside his guilty plea to providing material support to terrorism, in violation of 10 U.S.C. § 950v(b)(25) (2006), and the sentence based on Al Bahlul v. United States, 767 F.3d 1 (D.C.Cir.2014) (en banc). Appellant asks that we find his waiver of his right to appellate review ineffective, and asserts that once we determine this case is properly before us, Al Bahlul dictates the outcome in his case.

Appellee counters that appellant’s waiver of his right to appeal is a jurisdictional bar to our review of his…