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U.S. v. HARDMAN

No. 13-14626 Non-Argument Calendar.

778 F.3d 896 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Tyrone HARDMAN, a.k.a. Terry Hardman, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 24, 2014.

Attorney(s) appearing for the Case

Ryan Scott Ferber , Erin Sanders , Suzette A. Smikle , Lawrence R. Sommerfeld , Sally Yates, U.S. Attorney's Office, Atlanta, GA, for Plaintiff-Appellee.

Larry David Wolfe , L. David Wolfe, PC, Atlanta, GA, for Defendant-Appellant.

Before HULL, MARCUS and DUBINA, Circuit Judges.

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...

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