United States v. Rodreakas Smith, Jr.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 6, 2024
• Docket: 23-13206
• Status: Unpublished

Opinion

USCA11 Case: 23-13206 Document: 41-1 Date Filed: 12/06/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-13206 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RODREAKAS DESHAY SMITH, JR.,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:22-cr-00161-PGB-DCI-2 ____________________ USCA11 Case: 23-13206 Document: 41-1 Date Filed: 12/06/2024 Page: 2 of 2

2 Opinion of the Court 23-13206

Before BRANCH, LAGOA, 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. See United States v. Read, 118 F.4th 1317, 1319 (11th Cir. 2024) (grant- ing the government’s motion to dismiss based on valid appeal waiver where defendant argued the district court erred by includ- ing conditions in the written judgment that were referenced at sen- tencing only as “standard conditions” of supervised release); United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (holding sen- tence appeal waiver will be enforced if it was made knowingly and voluntarily).