USA v. Kim A. Earlycutt, No. 19-14031 (11th Cir. 2020)
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The court issued a subsequent related opinion or order on January 4, 2023.
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Case: 19-14031 Date Filed: 10/02/2020 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-14031 Non-Argument Calendar ________________________ D.C. Docket No. 1:17-cr-00084-LMM-JKL-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIM EARLYCUTT, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (October 2, 2020) Before JILL PRYOR, BRANCH and LUCK 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 Case: 19-14031 Date Filed: 10/02/2020 Page: 2 of 2 if it was made knowingly and voluntarily); 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). 2
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