USA v. Richmond Joseph McDonald, No. 17-15479 (11th Cir. 2018)

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Case: 17-15479 Date Filed: 09/06/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15479 Non-Argument Calendar ________________________ D.C. Docket No. 8:16-cr-00517-VMC-AEP-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICHMOND JOSEPH MCDONALD, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (September 6, 2018) Before MARCUS, MARTIN and JILL PRYOR, 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, Case: 17-15479 Date Filed: 09/06/2018 Page: 2 of 2 997 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) (a defendant is “free to bargain away his right to raise constitutional issues as well as non-constitutional ones”); United States v. GrinardHenry, 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). 2

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