USA v. Jamar Bradley

Filing

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.

Case: 17-12212

Date Filed: 10/24/2017

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 17-12212
Non-Argument Calendar
________________________
D.C. Docket No. 2:16-cr-00012-LGW-RSB-9

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMAR BRADLEY,
a.k.a. Vick,
a.k.a. Yungg Fye Bandzo,
Defendant-Appellant.
________________________
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.
PER CURIAM:

Case: 17-12212

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.

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