United States v. Brooke Shawntaye Sparks

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[DO NOT PUBLISH]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 ____________________

No. 23-11828

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

BROOKE SHAWNTAYE SPARKS,

Defendant-Appellant.

____________________

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).