USA v. Jamar Bradley
Opinion issued by court as to Appellant Jamar Bradley. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to dismiss appeal due to appeal waiver filed by Appellee USA is GRANTED. [8223652-2]. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.
Date Filed: 10/24/2017
Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
D.C. Docket No. 2:16-cr-00012-LGW-RSB-9
UNITED STATES OF AMERICA,
a.k.a. Yungg Fye Bandzo,
Appeal from the United States District Court
for the Southern District of Georgia
(October 24, 2017)
Before MARTIN, JULIE CARNES, and JILL PRYOR, Circuit Judges.
Date Filed: 10/24/2017
Page: 2 of 2
Jamar Bradley appeals the 215-month sentence he received after pleading
guilty to conspiracy to possess with intent to distribute a controlled substance. As
part of his written plea agreement, Bradley agreed to a sentence appeal waiver.
Bradley signed the waiver, and the district court specifically questioned him about
it during his plea colloquy. Bradley acknowledges this waiver, but asserts that he
is excepted from its enforcement.
None of the exceptions provided for in the plea agreement apply. Bradley
was not sentenced above the statutory maximum or outside the guidelines range,
and the government did not appeal. And this is not one of those extreme
circumstances that allow an appeal to proceed notwithstanding a waiver. See
United States v. Bushert, 997 F.2d 1343, 1350 & n.17 (11th Cir. 1993). As a
result, Bradley’s sentence appeal waiver is enforceable. See id. at 1350–51
(holding that sentence appeal waiver will be enforced if it was made knowingly
and voluntarily); see also United States v. Grinard-Henry, 399 F.3d 1294, 1296
(11th Cir. 2005) (per curiam) (holding that waiver of the right to appeal “includes
the waiver of the right to appeal difficult or debatable legal issues or even blatant
error”). The government’s motion to dismiss this appeal pursuant to the appeal
waiver in Bradley’s plea agreement is GRANTED.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?