United States v. Richard A. Kirkendall

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 6, 2023
• Docket: 23-11330
• Status: Unpublished

Opinion

USCA11 Case: 23-11330 Document: 20-1 Date Filed: 12/06/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-11330 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICHARD A. KIRKENDALL, a.k.a. Richard Andrew Kirkendall,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cr-00087-CEM-EJK-1 USCA11 Case: 23-11330 Document: 20-1 Date Filed: 12/06/2023 Page: 2 of 2

2 Opinion of the Court 23-11330

Before ROSENBAUM, GRANT, and LAGOA, 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, 1351 (11th Cir. 1993) (sen- tence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (sentence appeal waiver will be enforced where “it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances” (quotation marks and brackets omitted)); Thomas v. United States, 572 F.3d 1300, 1303 (11th Cir. 2009) (the law-of-the-case doctrine bars appellate courts from revis- iting issues that were decided in a prior appeal); United States v. Stein, 964 F.3d 1313, 1322-24 (11th Cir. 2020) (the law-of-the-case doctrine applies to a legal decision made at one stage of the litiga- tion that is unchallenged in a subsequent appeal when the oppor- tunity existed).