USA v. Tevondous Kinney

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[DO NOT PUBLISH]

In the
United States Court of Appeals
For the Eleventh Circuit

No. 23-11639
Non-Argument Calendar

UNITED STATES OF AMERICA,

versus
TEVONDOUS KINNEY,

Plaintiff-Appellee,

Defendant-Appellant.

Appeal from the United States District Court
for the Middle District of Georgia
D.C. Docket No. 3:21-cr-00030-CAR-CHW-1

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Opinion of the Court

23-11639

Before WILLIAM PRYOR, Chief Judge, JILL PRYOR, and BRANCH, 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, 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) ("touchstone" for validity of appeal waiver is whether it was
clearly conveyed to defendant that he was giving up his right to
appeal under most circumstances); United States v. Weaver, 275 F.3d
1320, 1333 (11th Cir. 2001).