USA v. Edwin Jerome Owens, No. 22-10588 (11th Cir. 2022)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on November 21, 2022.
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USCA11 Case: 22-10588 Date Filed: 12/02/2022 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10588 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDWIN JEROME OWENS, a.k.a. EJ, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Alabama USCA11 Case: 22-10588 2 Date Filed: 12/02/2022 Opinion of the Court Page: 2 of 2 22-10588 D.C. Docket No. 1:20-cr-00122-TFM-30 ____________________ Before ROSENBAUM, JILL PRYOR, 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. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (appeal waiver is enforceable when district court “clearly conveyed to the 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).
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