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UNITED STATES of America, Plaintiff-Appellee, v. Vincent BROOKS, Defendant-Appellant

United States Court of Appeals for the Eleventh Circuit2013-04-23No. No. 11-15646
517 F. App'x 846

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Opinion

majority opinion

PER CURIAM:

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Brooks’s plea agreement is GRANTED, in part, with respect to Brooks’s sentencing-related claims. See United States v. Johnson, 541 F.3d 1064, 1066-69 (11th Cir.2008) (dismissing appeal when appeal waiver in plea agreement was knowingly and voluntarily made). Brooks’s conviction and sentence are summarily AFFIRMED, in part, to the extent that he challenges the government’s failure to move the district court to reduce his sentence, as he has not argued that the government did so based on an unconstitutional motive. United States v. Barner, 572 F.3d 1239, 1249 (11th Cir.2009); United States v. Brewer, 199 F.3d 1283, 1286 (11th Cir.2000) (summarily affirming where the defendant’s contentions were meritless).