USA v. Thomas Edward Burns

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 20-10322
Non-Argument Calendar
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D.C. Docket No. 1:19-cr-00197-JB-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

THOMAS EDWARD BURNS,

Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Alabama
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(July 24, 2020)

Before MARTIN, ROSENBAUM 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, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be enforced
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if it was made knowingly and voluntarily); United States v. Weaver, 275 F.3d
1320, 1333 (11th Cir. 2001) (appeal waiver will be enforced where the waiver
provision was discussed during the plea colloquy and defendant agreed that she
understood the provision and entered into it freely and voluntarily); United States
v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (appeal waiver will be
enforced where magistrate judge specifically questioned defendant about the
appeal waiver during the plea colloquy, explained its significance, and confirmed
that defendant understood).

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