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United States v. Kim A. Earlycutt, 19-14031 (2020)

Court: Court of Appeals for the Eleventh Circuit Number: 19-14031 Visitors: 19
Filed: Oct. 02, 2020
Latest Update: Oct. 02, 2020
Summary: Case: 19-14031 Date Filed: 10/02/2020 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 19-14031 Non-Argument Calendar _ D.C. Docket No. 1:17-cr-00084-LMM-JKL-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIM EARLYCUTT, Defendant-Appellant. _ Appeal from the United States District Court for the Northern District of Georgia _ (October 2, 2020) Before JILL PRYOR, BRANCH and LUCK Circuit Judges. PER CURIAM: The Government’s motion to dismiss
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              Case: 19-14031   Date Filed: 10/02/2020   Page: 1 of 2



                                                            [DO NOT PUBLISH]


               IN THE UNITED STATES COURT OF APPEALS

                       FOR THE ELEVENTH CIRCUIT
                         ________________________

                               No. 19-14031
                           Non-Argument Calendar
                         ________________________

                  D.C. Docket No. 1:17-cr-00084-LMM-JKL-1

UNITED STATES OF AMERICA,

                                                                 Plaintiff-Appellee,

                                     versus

KIM EARLYCUTT,

                                                            Defendant-Appellant.
                         ________________________

                  Appeal from the United States District Court
                     for the Northern District of Georgia
                        ________________________

                               (October 2, 2020)

Before JILL PRYOR, BRANCH and LUCK 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,

997 F.2d 1343
, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be enforced
               Case: 19-14031     Date Filed: 10/02/2020    Page: 2 of 2



if it was made knowingly and voluntarily); United States v. Bascomb, 
451 F.3d 1292
, 1297 (11th Cir. 2006) (appeal waiver “cannot be vitiated or altered by

comments the court makes during sentencing”); 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).




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