United States v. Rachael Byrd

── United States v. Rachael Byrd ── Case No.: 25-11238 Court: Court of Appeals for the Eleventh Circuit Date: April 02, 2026 Category: NEW USCA11 Case: 25-11238 Document: 26-1 Date Filed: 04/02/2026 Page: 1 of 2 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11238 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RACHAEL BYRD, a.k.a. Byrd is the Word, a.k.a. Rachael NeSmith, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 2:22-cr-00026-LGW-BWC-4 ____________________ Before ROSENBAUM, GRANT, and KIDD, Circuit Judges. PER CURIAM: USCA11 Case: 25-11238 Document: 26-1 Date Filed: 04/02/2026 Page: 2 of 2 2 Opinion of the Court 25-11238 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) (holding that a 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) (stating that an appeal waiver “cannot be vitiated or altered by comments the court makes during sen- tencing”); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (explaining that waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error).