United States v. Antonio Montez McCrary Jones

Opinion

Case: 18-12726 Date Filed: 05/01/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 18-12726 Non-Argument Calendar ________________________

D.C. Docket No. 2:17-cr-00559-MHH-JHE-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTONIO MONTEZ MCCRARY JONES, aka ANTONIO JONES, aka ANTHONY MCCARY,

Defendant-Appellant. ________________________

Appeal from the United States District Court for the Northern District of Alabama ________________________

(May 1, 2019)

Before TJOFLAT, MARTIN and NEWSOM Circuit Judges.

PER CURIAM: Case: 18-12726 Date Filed: 05/01/2019 Page: 2 of 2

The Government’s motion to dismiss this appeal pursuant to the appeal

waiver in Appellant’s plea agreement is GRANTED. See United States v. Bushert,

997 F.2d 1343, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be enforced

if it was made knowingly and voluntarily); United States v. Bascomb, 451 F.3d

1292, 1297 (11th Cir. 2006) (appeal waiver “cannot be vitiated or altered by

comments the court makes during sentencing”); United States v. Grinard-Henry,

399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes

waiver of the right to appeal difficult or debatable legal issues or even blatant

error).