USA v. Vincent Brooks, No. 11-15646 (11th Cir. 2013)

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Case: 11-15646 Date Filed: 04/23/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _________________________ No. 11-15646 _________________________ D.C. Docket No. 1:09-cr-00040-WLS-TQL-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus VINCENT BROOKS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia __________________ (April 23, 2013) Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges. PER CURIAM: The Government=s motion to dismiss this appeal pursuant to the appeal waiver in Brooks s plea agreement is GRANTED, in part, with respect to Brooks s sentencing-related claims. See United States v. Johnson, 541 F.3d 1064, 1066-69 (11th Cir. 2008) (dismissing appeal when appeal waiver in plea agreement was Case: 11-15646 Date Filed: 04/23/2013 Page: 2 of 2 knowingly and voluntarily made). Brooks s conviction and sentence are summarily AFFIRMED, in part, to the extent that he challenges the government s failure to move the district court to reduce his sentence, as he has not argued that the government did so based on an unconstitutional motive. United States v. Barner, 572 F.3d 1239, 1249 (11th Cir. 2009); United States v. Brewer, 199 F.3d 1283, 1286 (11th Cir. 2000) (summarily affirming where the defendant s contentions were meritless). 2

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