United States v. Jerome Lamar Pitts

USCA11 Case: 19-13996 Date Filed: 06/22/2021 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-13996 Non-Argument Calendar ________________________ D.C. Docket No. 6:18-cr-00171-RBD-LRH-1 UNITED STATES OF AMERICA, Petitioner-Appellee, versus JEROME LAMAR PITTS, a.k.a. Jeron Pitts, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (June 22, 2021) Before WILSON, JORDAN, and GRANT, Circuit Judges. PER CURIAM: Jerome Pitts appeals his sentence of 108 months’ imprisonment for knowingly receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2) USCA11 Case: 19-13996 Date Filed: 06/22/2021 Page: 2 of 2 and (b)(1). The government moves to dismiss the appeal, arguing that Pitts’s plea agreement included a sentence appeal waiver. Because the record confirms that Pitts knowingly and voluntarily waived his right to appeal and that this appeal does not fall under any of the waiver’s exceptions, the government’s motion to dismiss the appeal 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). 2