USA v. Brittany Lyn Durkin

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11957
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRITTANY LYN DURKIN,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 2:22-cr-14068-AMC-2
____________________
USCA11 Case: 23-11957 Document: 29-1 Date Filed: 02/15/2024 Page: 1 of 2

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2 Opinion of the Court 23-11957
Before N EWSOM, G RANT, and A NDERSON , Circuit Judges.
PER CURIAM:
The Government’s motion to dismiss this appeal pursuant
to the appeal waiver in Appellant’s plea agreement is GRANTED.
We will enforce a defendant’s waiver of the right to appeal if the
waiver was made knowingly and voluntarily. United States v. Bush-
ert, 997 F.2d 1343, 1351 (11th Cir. 1993). The “touchstone” for our
determination on this issue is “whether it was clearly convey[ed]”
to the defendant that she was giving up her right to appeal “under
most circumstances.” United States v. Boyd, 975 F.3d 1185, 1192 (11th
Cir. 2020) (alteration and emphasis in the original) (quotation omit-
ted). The lower court satisfied this requirement at the change-of-
plea hearing by referring to the plea agreement, reading key por-
tions of the appeal waiver aloud and confirming with the defendant
that she had read and understood the entire agreement, including
the appeal waiver, and that she freely agreed to waive her right to
appeal. See United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir.
2001).
USCA11 Case: 23-11957 Document: 29-1 Date Filed: 02/15/2024 Page: 2 of 2

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