USA v. Antonio Ahmad

20-14139Court of Appeals for the Eleventh CircuitApr 9, 2021

Full text

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 20-14139
Non-Argument Calendar
________________________
D.C. Docket No. 1:16-cr-00145-TWT-JKL-16
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO AHMAD,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(April 9, 2021)
Before WILSON, ROSENBAUM and LUCK Circuit Judges.
PER CURIAM:
The government’s motion to dismiss this appeal pursuant to the appeal
waiver in Ahmad’s plea agreement is GRANTED. See United States v. Boyd,
975 F.3d 1185, 1192 (11th Cir. 2020) (district court must have clearly conveyed to
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defendant that he was giving up his right to appeal under most circumstances);
United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (appeal waiver
“cannot be vitiated or altered by comments the court makes during sentencing”);
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); 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).
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