United States v. Kim A. Earlycutt

Opinion

Case: 19-14031 Date Filed: 10/02/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 19-14031 Non-Argument Calendar ________________________

D.C. Docket No. 1:17-cr-00084-LMM-JKL-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KIM EARLYCUTT,

Defendant-Appellant. ________________________

Appeal from the United States District Court for the Northern District of Georgia ________________________

(October 2, 2020)

Before JILL PRYOR, BRANCH and LUCK 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 Case: 19-14031 Date Filed: 10/02/2020 Page: 2 of 2

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).