United States v. Keeo Miller

USCA11 Case: 23-11743 Document: 7-1 Date Filed: 07/24/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-11743 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KEEO MILLER,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:18-cr-00169-LGW-CLR-1 ____________________

USCA11 Case: 23-11743 Document: 7-1 Date Filed: 07/24/2023 Page: 2 of 2

Footnotes

[2] Opinion of the Court 23-11743 Before ROSENBAUM, NEWSOM, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, as duplicative of ap- peal no. 20-10194. Keeo Miller again appeals his final criminal judg- ment, but we already affirmed that judgment in January 2023. See United States v. Arlt, 567 F.2d 1295, 1297 (5th Cir. 1978) (providing that an appellant “is not entitled to two appeals” from the same order or judgment). Although Miller apparently now wishes to challenge his sentence, which he did not do in his original appeal, he was required to “raise all claims of error in a single appeal fol- lowing final judgment on the merits.” See Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 374 (1981); see also United States v. Curry,

[760] F.2d 1079, 1079 (11th Cir. 1985) (“In a criminal case the final judgment means the sentence. The sentence is the judgment.”). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.