United States v. Brandon Jamal Thurmond

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 24-11518

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus BRANDON JAMAL THURMOND,

Defendant- Appellant.

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Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 1:23-cr-00021-JRH-BKE-1

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2

2 Opinion of the Court 24-11518

Before LUCK, LAGOA, and WILSON, Circuit Judges. PER CURIAM:

The government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED.1 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. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (concluding that an appeal waiver was enforceable where the court referenced the waiver provision during the plea colloquy and the defendant confirmed that he understood the waiver provision and entered into it voluntarily and freely).

1 Counsel’s motion to withdraw as counsel is DENIED.