United States v. Edwin Jerome Owens ( 2022 )


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  • USCA11 Case: 22-10588      Date Filed: 12/02/2022   Page: 1 of 2
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 22-10588
    Non-Argument Calendar
    ____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    EDWIN JEROME OWENS,
    a.k.a.
    EJ,
    Defendant-Appellant.
    ____________________
    Appeal from the United States District Court
    for the Southern District of Alabama
    USCA11 Case: 22-10588         Date Filed: 12/02/2022     Page: 2 of 2
    2                       Opinion of the Court                 22-10588
    D.C. Docket No. 1:20-cr-00122-TFM-30
    ____________________
    Before ROSENBAUM, JILL PRYOR, and BRASHER, 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) (appeal waiver is enforceable when district
    court “clearly conveyed to the defendant that he was giving up his
    right to appeal under most circumstances”); United States v. Bas-
    comb, 
    451 F.3d 1292
    , 1297 (11th Cir. 2006) (appeal waiver “cannot
    be vitiated or altered by comments the court makes during sen-
    tencing”); 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).
    

Document Info

Docket Number: 22-10588

Filed Date: 12/2/2022

Precedential Status: Non-Precedential

Modified Date: 12/2/2022