USA v. Courtney Sean O'Meara, No. 19-10854 (11th Cir. 2019)
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Case: 19-10854 Date Filed: 10/04/2019 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-10854 Non-Argument Calendar ________________________ D.C. Docket No. 3:18-cr-00035-TJC-JBT-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus COURTNEY SEAN O’MEARA, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 4, 2019) Before NEWSOM, GRANT, and FAY, Circuit Judges. PER CURIAM: As part of her plea agreement, Courtney O’Meara knowingly and voluntarily waived the right to appeal her sentence on any ground, with three specific exceptions, as long as the government did not appeal. The government did not Case: 19-10854 Date Filed: 10/04/2019 Page: 2 of 2 appeal O’Meara’s sentence, and her appeal does not raise any of the three excepted grounds. Accordingly, O’Meara’s appeal does not fit within the specified exceptions to the appeal waiver and it is due to be dismissed. As “long as an appeal waiver is voluntarily and knowingly entered into as part of a valid plea agreement, and that agreement is accepted by the court, the waiver is enforceable.” United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006); see United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993). The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. 2
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