United States v. Richmond Joseph McDonald

Case: 17-15479 Date Filed: 09/06/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15479 Non-Argument Calendar ________________________ D.C. Docket No. 8:16-cr-00517-VMC-AEP-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICHMOND JOSEPH MCDONALD, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (September 6, 2018) Before MARCUS, MARTIN and JILL PRYOR, 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, Case: 17-15479 Date Filed: 09/06/2018 Page: 2 of 2 997 F.2d 1343, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (a defendant is “free to bargain away his right to raise constitutional issues as well as non-constitutional ones”); 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