USA v. Lasieka Jauwane Lee

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
________________________

No. 19-13606
Non-Argument Calendar
________________________

D.C. Docket No. 1:17-cr-00246-KD-MU-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LASIEKA JAUWANE LEE,
a.k.a. Momo,

Defendant-Appellant.
________________________

Appeal from the United States District Court
for the Southern District of Alabama
________________________

(March 17, 2020)

Before GRANT, LAGOA, and HULL, Circuit Judges.

PER CURIAM:

Case: 19-13606 Date Filed: 03/17/2020 Page: 1 of 2

2
Arthur Madden, appointed counsel for Lasieka Lee in this direct criminal
appeal, has moved to withdraw from further representation of the appellant and
filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). The
Government has moved to enforce the appeal waiver contained in Lee’s plea
agreement.
The Government’s motion to dismiss this appeal pursuant to the appeal
waiver in Lee’s plea agreement is GRANTED to the extent that Lee seeks to
appeal her sentence. 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. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir.
2005) (“An appeal waiver includes the waiver of the right to appeal difficult or
debatable legal issues or even blatant error.”); United States v. Puentes-Hurtado,
794 F.3d 1278, 1284–85 (11th Cir. 2015) (appeal waivers do not bar challenges to
the enforceability of the plea agreement or validity of the plea).
Further, our independent review of the entire record reveals that counsel’s
assessment of the relative merit of the appeal is correct. Because independent
examination of the entire record reveals no arguable issues of merit, counsel’s
motion to withdraw is GRANTED, and Lee’s conviction and sentence are
AFFIRMED.
Case: 19-13606 Date Filed: 03/17/2020 Page: 2 of 2