United States v. Jack Shuttleworth

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 16, 2022
• Docket: 21-13443
• Status: Unpublished

Opinion

USCA11 Case: 21-13443 Date Filed: 06/16/2022 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 21-13443 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JACK SHUTTLEWORTH,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 3:21-cr-00008-CAR-CHW-1 ____________________ USCA11 Case: 21-13443 Date Filed: 06/16/2022 Page: 2 of 2

2 Opinion of the Court 21-13443

Before WILSON, JORDAN, and NEWSOM, 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) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal in- cludes waiver of the right to appeal difficult or debatable legal is- sues or even blatant error); 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. Smith, 967 F.3d 1196, 1204 n.5 (11th Cir. 2020) (failure to raise an issue on appeal abandons the issue).