United States v. Frank McDonald, Jr.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 7, 2024
• Docket: 23-13466
• Status: Unpublished

Opinion

USCA11 Case: 23-13466 Document: 24-1 Date Filed: 06/07/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-13466 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANK MCDONALD, JR.,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 7:22-cr-00024-WLS-TQL-1 ____________________ USCA11 Case: 23-13466 Document: 24-1 Date Filed: 06/07/2024 Page: 2 of 2

2 Opinion of the Court 23-13466

Before JILL PRYOR, BRANCH, and LAGOA, 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, 1351 (11th Cir. 1993) (sen- tence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1191-92 (11th Cir. 2020) (sentence appeal waiver will be enforced where it conveys to the defendant he is giving up his right to appeal under most circum- stances); United States v. Weaver, 275 F.3d 1320, 1323-24, 1333 (11th Cir. 2001) (an appeal waiver is enforceable when the waiver was referenced during the plea colloquy and the defendant confirmed that he understood the provision and had entered into it freely and voluntarily); United States v. Gonzalez-Mercado, 808 F.2d 796, 800 n.8 (11th Cir. 1987) (there is a strong presumption that the defendant’s statements during a plea colloquy are true.).