USA v. Shukree Simmons


Opinion issued by court as to Appellant Shukree Simmons. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to dismiss appeal due to appeal waiver filed by Appellee USA is GRANTED. [8231776-2].(Se 11/07/2017 opinion)(FMH/WHP/JEC) The opinion is also available through the Court's Opinions page at this link

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Case: 17-11916 Date Filed: 11/07/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT __________________________ No. 17-11916 Non-Argument Calendar __________________________ D.C. Docket No. 5:15-cr-00035-MTT-CHW-8 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SHUKREE SIMMONS, Defendant-Appellant. __________________________ Appeal from the United States District Court for the Middle District of Georgia __________________________ (November 7, 2017) Before HULL, WILLIAM PRYOR and JULIE CARNES, Circuit Judges. PER CURIAM: The Government’s motion to dismiss this appeal pursuant to the appeal Case: 17-11916 Date Filed: 11/07/2017 Page: 2 of 2 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. 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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