Background
Rachael Byrd, also known as Byrd is the Word and Rachael NeSmith, filed an appeal from a conviction in the United States District Court for the Southern District of Georgia. The Government moved to dismiss the appeal based on an appeal waiver included in Byrd’s plea agreement.
The court’s reasoning
The court held that a sentence-appeal waiver is enforced if it was made knowingly and voluntarily. The court noted that such a waiver cannot be vitiated or altered by comments made by the court during sentencing. Furthermore, a waiver of the right to appeal includes the waiver of the right to appeal difficult or debatable legal issues or even blatant error.
USCA11 Case: 25-11238 Document: 26-1 Date Filed: 04/02/2026 Page: 1 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.
United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993); United States v. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005)
What it means going forward
The appeal is dismissed, leaving the District Court’s judgment and sentence in place.