United States v. Randall Pitts

USCA11 Case: 24-11652 Document: 25-1 Date Filed: 01/21/2025 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 24-11652

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

RANDALL PITTS,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 1:23-cr-00191-ECM-JTA-5 ____________________ USCA11 Case: 24-11652 Document: 25-1 Date Filed: 01/21/2025 Page: 2 of 2

2 Opinion of the Court 24-11652

Before NEWSOM, BRANCH, 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, 1350–51 (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 was knowing and voluntary where the court clearly conveyed to the defendant “that he was giving up his right to appeal under most circumstances” (quotation omitted, emphasis in original)).