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

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Case: 17-12212 Date Filed: 10/24/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-12212 Non-Argument Calendar ________________________ D.C.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. 2

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