Court filing

Eleventh Circuit Order Dismissing Appeal — Brandon Jamal Thurmond

No. 1:23-cr-00021-JRH-BKE · Doc. 99 · Docket on CourtListener

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Case 1:23-cr-00021-JRH-BKE Document 99 Filed 05/02/25 Page 1 of 4
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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit

____________________

No. 24-11518
Non-Argument Calendar
____________________

UNITED STATES OF AMERICA,
Plaintiﬀ-Appellee,
versus
BRANDON JAMAL THURMOND,

Defendant- Appellant.

____________________

Appeal from the United States District Court
for the Southern District of Georgia
D.C. Docket No. 1:23-cr-00021-JRH-BKE-1
____________________
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2 Opinion of the Court 24-11518

Before LUCK, LAGOA, and WILSON, Circuit Judges.
PER CURIAM:
The government’s motion to dismiss this appeal pursuant to
the appeal waiver in Appellant’s plea agreement is GRANTED.1
See United States v. Bushert, 997 F.2d 1343, 1345, 1350–51 (11th Cir.
1993) (holding that we will enforce sentence appeal waivers if they
are made “knowingly and voluntarily”); United States v. Boyd,
975 F.3d 1185, 1192 (11th Cir. 2020) (noting that the “touchstone”
for assessing if a sentence appeal waiver was made knowingly and
voluntarily is whether it was clearly conveyed to the defendant that
he was giving up his right to appeal under most circumstances);
United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (con-
cluding that an appeal waiver was enforceable where the court ref-
erenced the waiver provision during the plea colloquy and the de-
fendant confirmed that he understood the waiver provision and en-
tered into it voluntarily and freely).

1 Counsel’s motion to withdraw as counsel is DENIED.
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UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

David J. Smith For rules and forms visit
Clerk of Court www.ca11.uscourts.gov

May 02, 2025

MEMORANDUM TO COUNSEL OR PARTIES

Appeal Number: 24-11518-CC
Case Style: USA v. Brandon Thurmond
District Court Docket No: 1:23-cr-00021-JRH-BKE-1

Opinion Issued
Enclosed is a copy of the Court's decision issued today in this case. Judgment has been entered
today pursuant to FRAP 36. The Court's mandate will issue at a later date pursuant to FRAP
41(b).

Petitions for Rehearing
The time for filing a petition for panel rehearing or rehearing en banc is governed by 11th Cir.
R. 40-2. Please see FRAP 40 and the accompanying circuit rules for information concerning
petitions for rehearing. Among other things, a petition for rehearing must include a
Certificate of Interested Persons. See 11th Cir. R. 40-3.

Costs
No costs are taxed.

Bill of Costs
If costs are taxed, please use the most recent version of the Bill of Costs form available on the
Court's website at www.ca11.uscourts.gov. For more information regarding costs, see FRAP 39
and 11th Cir. R. 39-1.

Attorney's Fees
The time to file and required documentation for an application for attorney's fees and any
objection to the application are governed by 11th Cir. R. 39-2 and 39-3.

Appointed Counsel
Counsel appointed under the Criminal Justice Act (CJA) must submit a voucher claiming
compensation via the eVoucher system no later than 45 days after issuance of the mandate or
the filing of a petition for writ of certiorari. Please contact the CJA Team at (404) 335-6167 or
cja_evoucher@ca11.uscourts.gov for questions regarding CJA vouchers or the eVoucher
system.
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Clerk's Office Phone Numbers
General Information: 404-335-6100 Attorney Admissions: 404-335-6122
Case Administration: 404-335-6135 Capital Cases: 404-335-6200
CM/ECF Help Desk: 404-335-6125 Cases Set for Oral Argument: 404-335-6141

OPIN-1 Ntc of Issuance of Opinion

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