USA v. Kyrie Campbell

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 19-13402
Non-Argument Calendar
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D.C. Docket No. 1:17-cr-00207-CAP-CMS-3

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KYRIE CAMPBELL,

Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(May 19, 2020)

Before WILSON, ROSENBAUM and MARCUS, Circuit Judges.
PER CURIAM:
The government’s motion to dismiss this appeal pursuant to a valid appeal
waiver in Appellant’s plea agreement is GRANTED. As the record reflects,
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Campell knowingly and voluntarily waived his right to appeal his sentence
pursuant to the provision in his plea agreement. At the hearing, the district court
specifically asked Campbell about the appeal waiver provision, the government
read aloud the full appeal waiver, and the court asked Campbell if he agreed with
the government’s description and understood it, to which he responded that he
understood the waiver and the rights he was giving up. Thus, Campbell knowingly
and voluntarily waived his right to appeal his sentence, except within the
exceptions defined in the waiver. See United States v. Bushert, 997 F.2d 1343,
1350-51 (11th Cir. 1993) (holding that a sentence appeal waiver will be enforced if
it was made knowingly and voluntarily).
In addition, none of the exceptions to Campbell’s appeal waive apply. He
does not allege an upward departure or variance above his guideline range
calculated by the district court, or ineffective assistance of counsel, nor did the
government initiate this appeal. As for Campbell’s argument that he should be
able to appeal the substantive unreasonableness of his sentence, that claim is not
one of the provided exceptions to his appeal waiver. Further, his arguments about
not enforcing appeal waivers generally are foreclosed by our binding precedent
holding that appeal waivers will be enforced if made knowingly and voluntarily,
and he does not identify a reason specific to him about why his plea agreement’s
appeal waiver should not be enforced. See id .
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Thus, we grant the government’s motion to dismiss, and deny its request for
an extension of time to file a response brief as moot.
DISMISSED.
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