United States v. Marty Kinard

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 13, 2023
• Docket: 22-13511
• Status: Unpublished

Opinion

USCA11 Case: 22-13511 Document: 18-1 Date Filed: 06/13/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-13511 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARTY KINARD,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 5:22-cr-00021-TES-CHW-1 ____________________ USCA11 Case: 22-13511 Document: 18-1 Date Filed: 06/13/2023 Page: 2 of 2

2 Order of the Court 22-13511

Before WILLIAM PRYOR, Chief Judge, and LAGOA and BRASHER, Cir- cuit 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) (sen- tence 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).