United States v. Dennis DeWayne Dothard

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

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No. 24-10788

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

DENNIS DEWAYNE DOTHARD, Defendant- Appellant.

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Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:23-cr-00227-MHH-JHE-1

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Before JORDAN, GRANT, 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. See United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993)

2

2 Opinion of the Court 24-10788

(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); United States v. Patti, 337 F.3d 1317, 1320 (11th Cir. 2003) (unconditional plea “waives all nonjurisdictional defects in the proceedings”); United States v. Pierre, 120 F.3d 1153, 1155 (11th Cir. 1997) (a speedy trial claim is a non-jurisdictional challenge).