United States v. Brooke Shawntaye Sparks

U.S. Court of Appeals for the Eleventh Circuit

United States v. Brooke Shawntaye Sparks

Opinion

USCA11 Case: 23-11828 Document: 50-1 Date Filed: 01/31/2024 Page: 1 of 2

[DO NOT PUBLISH]

In the United States Court of Appeals For the Eleventh Circuit

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No. 23-11828 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BROOKE SHAWNTAYE SPARKS,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida USCA11 Case: 23-11828 Document: 50-1 Date Filed: 01/31/2024 Page: 2 of 2

2 Opinion of the Court 23-11828

D.C. Docket No. 8:21-cr-00192-VMC-MRM-1 ____________________

Before ROSENBAUM, NEWSOM, 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, 1350-53 (11th Cir. 1993) (holding that a sentence appeal waiver will be enforced if it was made knowingly and voluntarily, and assessing whether a sentence appeal waiver was made knowingly and voluntarily depends on whether it was clearly conveyed to the defendant that she was giv- ing up her right to appeal under most circumstances); 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).

Reference

Status
Unpublished