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- almd;;1:16-cr-00323_de80 RegisterActionDate "2018-09-13" @default.
- almd;;1:16-cr-00323_de80 RegisterActionDescriptionText "JUDGMENT ISSUED AS MANDATE 09/13/2018 of USCA (certified copy) as to 81CD4A1 re 77 Notice of Appeal - Final Judgment, 11th Circuit Appeal No. 17-12665-CC; The problem for 81CD4A1 is that these are non-jurisdictional issues waived by his unconditional guilty plea. See Class, 583 U.S. at __, 138 S. Ct. at 805; McCoy, 477 F.2d at 551. As noted above, 81CD4A1 pled guilty without a written plea agreement and neither of his notices of intent to change his plea included an express reservation of any appeal rights. Nor does the record contain any indication that 81CD4A1 ever sought or obtained the consent of the government and the district court to enter a conditional plea reserving his right to appeal the denialof his pretrial motions.4 In the absence of such a written reservation, and without any argument from 81CD4A1 on appeal that his plea was not knowing or voluntary, 81CD4A1 has waived his right to appeal the district courts denial of his pretrial motions. See Fed. R. Crim. P. 11(a)(2); Brown, 752 F.3d at 1347. Accordingly, we affirm Thomass conviction and sentence. AFFIRMED. See USCA 82 Per Curiam Opinion entered on 08/15/2018. (ydw, ) (Entered: 09/13/2018)" @default.
- almd;;1:16-cr-00323_de80 AdministrativeID "83" @default.
- almd;;1:16-cr-00323_de80 OntologyLabel judgment @default.
- almd;;1:16-cr-00323_de80 hasReferenceToOtherEntry almd;;1:16-cr-00323_de73 @default.
- almd;;1:16-cr-00323_de80 hasReferenceToOtherEntry almd;;1:16-cr-00323_de79 @default.