United States v. Robert Smith

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 25, 2024
• Docket: 24-11842
• Status: Unpublished

Opinion

USCA11 Case: 24-11842 Document: 24-1 Date Filed: 10/25/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-11842 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERT D. SMITH,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 7:23-cr-00144-LSC-GMB-1 ____________________ USCA11 Case: 24-11842 Document: 24-1 Date Filed: 10/25/2024 Page: 2 of 2

2 Opinion of the Court 24-11842

Before JORDAN, 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, 1350–51 (11th Cir. 1993) (sentence 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 omitted, al- terations adopted, emphasis in original)); 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).