U.S. Court of Appeals for the Eleventh Circuit, 2020

United States v. Thomas Edward Burns

United States v. Thomas Edward Burns
U.S. Court of Appeals for the Eleventh Circuit · Decided July 24, 2020

United States v. Thomas Edward Burns

Opinion

Case: 20-10322 Date Filed: 07/24/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-10322 Non-Argument Calendar ________________________ D.C. Docket No. 1:19-cr-00197-JB-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus THOMAS EDWARD BURNS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Alabama ________________________ (July 24, 2020) Before MARTIN, ROSENBAUM 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, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be enforced Case: 20-10322 Date Filed: 07/24/2020 Page: 2 of 2

if it was made knowingly and voluntarily); United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (appeal waiver will be enforced where the waiver provision was discussed during the plea colloquy and defendant agreed that she understood the provision and entered into it freely and voluntarily); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (appeal waiver will be enforced where magistrate judge specifically questioned defendant about the appeal waiver during the plea colloquy, explained its significance, and confirmed that defendant understood).

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