United States v. Timothy Barnes

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 5, 2024
• Docket: 24-10062
• Status: Unpublished

Opinion

USCA11 Case: 24-10062 Document: 22-1 Date Filed: 06/05/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-10062 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TIMOTHY BARNES, a.k.a. Timothy Edward Barnes,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 2:19-cr-00024-SCJ-JCF-5 ____________________ USCA11 Case: 24-10062 Document: 22-1 Date Filed: 06/05/2024 Page: 2 of 2

2 Opinion of the Court 24-10062

Before WILSON, ROSENBAUM, and GRANT, 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).