United States v. Torrey Small

U.S. Court of Appeals for the Eleventh Circuit

United States v. Torrey Small

Opinion

USCA11 Case: 22-10172 Document: 42-1 Date Filed: 04/05/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-10172 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TORREY SMALL,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 7:19-cr-00055-HL-TQL-2 ____________________ USCA11 Case: 22-10172 Document: 42-1 Date Filed: 04/05/2024 Page: 2 of 2

2 Opinion of the Court 22-10172

Before WILSON, JORDAN, 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, 1351 (11th Cir. 1993) (sen- tence 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 and brackets omitted)); United States v. Howle, 166 F.3d 1166, 1169 (11th Cir. 1999) (a sentence appeal waiver waives difficult and debatable legal issues, including even blatant error).

Reference

Status
Unpublished