Opinion
No. 20-10322
07-24-2020
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. THOMAS EDWARD BURNS, Defendant-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 1:19-cr-00197-JB-1 Appeal from the United States District Court for the Southern District of Alabama Before MARTIN,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 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).