United States v. Deshunquez Harris

USCA11 Case: 23-13634 Document: 25-1 Date Filed: 04/23/2024 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-13634

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

DESHUNQUEZ ALEXANDER HARRIS,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 2:22-cr-00165-LSC-JTA-1 ____________________ USCA11 Case: 23-13634 Document: 25-1 Date Filed: 04/23/2024 Page: 2 of 2

2 Opinion of the Court 23-13634

Before WILSON, 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, 1351 (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 and brackets omitted)); see also 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); United States v. Bascomb, 451 F.3d 1292, 1296–97 (11th Cir. 2006) (an appeal waiver may include a waiver of constitutional claims).