United States v. Paul Leonard Hodge

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 19, 2018
• Docket: 17-12168
• Status: Unpublished

Opinion

Case: 17-12168 Date Filed: 01/19/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 17-12168 Non-Argument Calendar ________________________

D.C. Docket No. 3:16-cr-00007-CAR-CHW-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PAUL LEONARD HODGE, a.k.a. Bubba,

Defendant-Appellant. ________________________

Appeal from the United States District Court for the Middle District of Georgia ________________________ (January 19, 2018)

Before MARCUS, ROSENBAUM and BLACK, Circuit Judges.

PER CURIAM:

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in

Appellant’s plea agreement is GRANTED. United States v. Bushert, 997 F.2d

1343, 1350 (11th Cir. 1993) (sentence appeal waiver will be enforced if it was Case: 17-12168 Date Filed: 01/19/2018 Page: 2 of 2

made knowingly and voluntarily); United States v. Weaver, 275 F.3d 1320, 1333

(11th Cir. 2001) (enforcing a sentence appeal waiver where the defendant agreed

that she understood the waiver provision and entered into it freely and voluntarily);

United States v. Cesal, 391 F.3d 1172, 1182 (11th Cir. 2004) (enforcing a sentence

appeal waiver where the district court read the waiver exceptions and the defendant

stated that he had read the plea agreement and understood it), vacated and

remanded on other grounds, 545 U.S. 1101 (2005), reinstated, No. 03-15090,

manuscript op. at 3 (11th Cir. July 13, 2005).