United States v. Antonio Montez McCrary Jones

Court of Appeals for the Eleventh Circuit·Decided May 1, 2019·No. 18-12726·Unpublished

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[DO NOT PUBLISH]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).

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Related

United States v. Mauricio Grinard-Henry
399 F.3d 1294 (Eleventh Circuit, 2005)
United States v. Bennie Bascomb, Jr.
451 F.3d 1292 (Eleventh Circuit, 2006)
United States v. James Bushert
997 F.2d 1343 (Eleventh Circuit, 1993)