United States v. Terry Tyrone Hardman
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
DUBINA, Circuit Judge:
This appeal comes before us on a motion to dismiss based on the appeal waiver contained in Appellant Terry Hardman’s plea agreement. Because we conclude that Hardman’s appeal waiver does not cover his appeal of the district court’s Rule 35(b) sentence modification, we deny the motion.
I. BACKGROUND
In 2011, Hardman pleaded guilty to conspiring to possess five kilograms of cocaine with the intent to distribute it. His plea agreement included a general waiver of appeal.
To the maximum extent permitted by federal law, [Hardman] voluntarily and expressly waives the right to…
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