UNITED STATES v. MEARA (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Courtney Sean O’MEARA, Defendant-Appellant.

No. 19-10854

Decided: October 04, 2019

Before NEWSOM, GRANT, and FAY, Circuit Judges.

Sean Siekkinen, Assistant U.S. Attorney, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Rosemary Cakmis, Donna Lee Elm, Robert Godfrey, Michelle Yard, Federal Public Defender's Office, Orlando, FL, Lisa Call, Mark Rosenblum, Federal Public Defender's Office, Jacksonville, FL, for Defendant-Appellant

As part of her plea agreement, Courtney O’Meara knowingly and voluntarily waived the right to appeal her sentence on any ground, with three specific exceptions, as long as the government did not appeal. The government did not appeal O’Meara’s sentence, and her appeal does not raise any of the three excepted grounds. Accordingly, O’Meara’s appeal does not fit within the specified exceptions to the appeal waiver and it is due to be dismissed. As “long as an appeal waiver is voluntarily and knowingly entered into as part of a valid plea agreement, and that agreement is accepted by the court, the waiver is enforceable.” United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006); see United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993).

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED.

PER CURIAM:

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