United States v. Rachael Byrd

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

____________________

No. 25-11238

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

RACHAEL BYRD, a.k.a. Byrd is the Word, a.k.a. Rachael NeSmith, Defendant-Appellant.

____________________

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 2:22-cr-00026-LGW-BWC-4

____________________

Before ROSENBAUM, GRANT, and KIDD, Circuit Judges. PER CURIAM:

2

2 Opinion of the Court 25-11238

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) (holding that a sentence-appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (stating that an 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) (explaining that waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error).