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UNITED STATES v. MCDONALD (2018)

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United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Richmond Joseph MCDONALD, Defendant-Appellant.

No. 17-15479

Decided: September 06, 2018

Before MARCUS, MARTIN and JILL PRYOR, Circuit Judges. Karin Bethany Hoppmann, Colin P. McDonell, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Kevin T. Beck, Law Office of Kevin T. Beck, St Petersburg, FL, for Defendant-Appellant

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 if it was made knowingly and voluntarily); United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (a defendant is “free to bargain away his right to raise constitutional issues as well as non-constitutional ones”); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error).

PER CURIAM:

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