USCA11 Case: 21-14222 Date Filed: 05/16/2022 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-14222
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CORDARELL UPSHAW,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket No. 2:20-cr-00038-ECM-KFP-1
____________________
USCA11 Case: 21-14222 Date Filed: 05/16/2022 Page: 2 of 2
2 Opinion of the Court 21-14222
Before WILSON, JILL PRYOR, and BRANCH, 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 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).
