United States v. Billie McDuffie, Jr.

Opinion

USCA11 Case: 24-11895 Document: 30-1 Date Filed: 09/20/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-11895 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BILLIE HAROLD MCDUFFIE, JR.,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:22-cr-00171-WWB-EJK-1 ____________________ USCA11 Case: 24-11895 Document: 30-1 Date Filed: 09/20/2024 Page: 2 of 2

2 Opinion of the Court 24-11895

Before JILL PRYOR, NEWSOM, and BRANCH, Circuit Judges. PER CURIAM: 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, 1345, 1350–51 (11th Cir. 1993) (holding that we will enforce sentence appeal waivers if they are made “knowingly and voluntarily”); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (noting that the “touchstone” for assessing if a sentence appeal waiver was made knowingly and voluntarily is whether it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances); United States v. Howle, 166 F.3d 1166, 1169 (11th Cir. 1999) (explain- ing that an appeal waiver may include a waiver to appeal difficult legal issues, debatable legal issues, or even blatant error); United States v. Bascomb, 451 F.3d 1292, 1296-97 (11th Cir. 2006) (stating that a “vigorous” dispute during sentencing does not preserve that issue for appeal when it does not fall under an exception to the ap- peal waiver).