USA v. Johnathan Randall Townsend

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-12786
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHNATHAN RANDALL TOWNSEND,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Alabama
D.C. Docket No. 1:20-cr-00158-JB-B-1
____________________
USCA11 Case: 22-12786 Document: 23-1 Date Filed: 01/12/2023 Page: 1 of 2

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2 Opinion of the Court 22-12786
Before R OSENBAUM , LAGOA , and BRASHER , 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. Bascomb, 451 F.3d
1292, 1297 (11th Cir. 2006) (holding that the defendant knowingly
and voluntarily waived his right to appeal a sentence on the ground
that its length, which was below the statutory maximum, was cruel
and unusual under the Eighth Amendment);
United States v. Boyd,
975 F.3d 1185, 1192 (11th Cir. 2020) (sentence appeal waiver will be
enforced where “it was clearly conveyed to the defendant that he
was giving up his right to appeal
most circumstances” (quotation
marks and brackets omitted));
United States v. Grinard-Henry, 399
F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal in-
cludes waiver of the right to appeal difficult or debatable legal is-
sues or even blatant error).
USCA11 Case: 22-12786 Document: 23-1 Date Filed: 01/12/2023 Page: 2 of 2

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