United States v. Robert Birchum

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 5, 2024
• Docket: 23-12016
• Status: Unpublished

Opinion

USCA11 Case: 23-12016 Document: 51-1 Date Filed: 06/05/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-12016 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERT BIRCHUM,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:23-cr-00032-KKM-TGW-1 ____________________ USCA11 Case: 23-12016 Document: 51-1 Date Filed: 06/05/2024 Page: 2 of 2

2 Opinion of the Court 23-12016

Before LAGOA, BRASHER, and ABUDU, 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)); see also United States v. Howle, 166 F.3d 1166, 1169 (11th Cir. 1999) (a sentence appeal waiver waives difficult and debatable legal issues, including even blatant error); United States v. Bascomb, 451 F.3d 1292, 1296–97 (11th Cir. 2006) (an appeal waiver may in- clude a waiver of constitutional claims).