USCA11 Case: 22-13511 Document: 18-1 Date Filed: 06/13/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13511
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTY KINARD,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
D.C. Docket No. 5:22-cr-00021-TES-CHW-1
____________________
USCA11 Case: 22-13511 Document: 18-1 Date Filed: 06/13/2023 Page: 2 of 2
2 Order of the Court 22-13511
Before WILLIAM PRYOR, Chief Judge, and LAGOA and BRASHER, Cir-
cuit 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) (sen-
tence appeal waiver will be enforced if it was made knowingly and
voluntarily); United States v. Bascomb,
451 F.3d 1292, 1297 (11th Cir.
2006) (appeal waiver “cannot be vitiated or altered by comments
the court makes during sentencing”); 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).
