UNITED STATES v. PITTS (2021)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Petitioner-Appellee, v. Jerome Lamar PITTS, a.k.a. Jeron Pitts, Defendant-Appellant.

No. 19-13996

Decided: June 22, 2021

Before WILSON, JORDAN, and GRANT, Circuit Judges.

Sean Siekkinen, Assistant U.S. Attorney, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Petitioner-Appellee Noel Gifford Lawrence, Law Office of Noel G. Lawrence, PA, Jacksonville, FL, for Defendant-Appellant Jerome Lamar Pitts, Pro Se

Jerome Pitts appeals his sentence of 108 months’ imprisonment for knowingly receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2) and (b)(1). The government moves to dismiss the appeal, arguing that Pitts's plea agreement included a sentence appeal waiver. Because the record confirms that Pitts knowingly and voluntarily waived his right to appeal and that this appeal does not fall under any of the waiver's exceptions, the government's motion to dismiss the appeal is GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily).

PER CURIAM:

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