United States v. Clayton Powell

USCA11 Case: 22-14262 Document: 21-1 Date Filed: 07/05/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 22-14262

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

CLAYTON EUGENE POWELL,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 2:21-cr-00443-WKW-SMD-1 ____________________ USCA11 Case: 22-14262 Document: 21-1 Date Filed: 07/05/2023 Page: 2 of 2

2 Opinion of the Court 22-14262

Before NEWSOM, GRANT, 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. 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. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (appeal waiver “cannot be vitiated or altered by com- ments the court makes during sentencing”); 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).