United States v. Edward McGee

USCA11 Case: 24-10935 Document: 19-1 Date Filed: 08/26/2024 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 24-10935

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

EDWARD DURAN MCGEE,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:22-cr-00220-WS-N-1 ____________________ USCA11 Case: 24-10935 Document: 19-1 Date Filed: 08/26/2024 Page: 2 of 2

2 Opinion of the Court 24-10935

Before NEWSOM, LUCK, and ANDERSON, 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); United States v. Bascomb, 451 F.3d 1292, 1296-97 (11th Cir. 2006) (an appeal waiver may include a waiver of constitutional claims).