United States v. Richard A. Kirkendall

USCA11 Case: 23-11330 Document: 20-1 Date Filed: 12/06/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11330
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICHARD A. KIRKENDALL,
a.k.a. Richard Andrew Kirkendall,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:21-cr-00087-CEM-EJK-1
USCA11 Case: 23-11330 Document: 20-1 Date Filed: 12/06/2023 Page: 2 of 2
2 Opinion of the Court 23-11330
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Before ROSENBAUM, GRANT, 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)); Thomas v. United States, 572 F.3d 1300, 1303 (11th Cir.
2009) (the law-of-the-case doctrine bars appellate courts from revis-
iting issues that were decided in a prior appeal); United States v.
Stein, 964 F.3d 1313, 1322-24 (11th Cir. 2020) (the law-of-the-case
doctrine applies to a legal decision made at one stage of the litiga-
tion that is unchallenged in a subsequent appeal when the oppor-
tunity existed).