USA v. Mickey Alexander Peterson

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 11, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-15351
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D. C. Docket No. 02-00027-CR-RWS-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICKEY ALEXANDER PETERSON,
a.k.a. Mickey Alexander Petersen,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(April 11, 2011)
Before MARTIN, FAY and BLACK, Circuit Judges.
PER CURIAM:

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Mickey Alexander Peterson appeals the district court’s denial of his motion
to waive the interest imposed on his restitution payment. After oral argument,
review of the record, and the parties’ briefs, we affirm.
We have determined, and Peterson does not dispute, that the District Judge
advised Peterson about the meaning and effect of the appeal waiver at the time he
entered his plea of guilty. The plea agreement stated Peterson “voluntarily and
expressly waives the right to appeal his sentence . . . on any ground, except that
the defendant may file a direct appeal if the sentence imposed contains a term of
imprisonment in excess of twenty-five (25) years.” Peterson’s plea agreement also
stated he agreed to “pay any fine and/or restitution imposed by the Court.” The
restitution includes any interest imposed by statute. See 18 U.S.C. § 3612(f).
Therefore, the appeal-waiver provision in Peterson’s plea agreement covers
appeals regarding interest payments on restitution.
AFFIRMED
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