Opinion
No. 19-13038
03-30-2020
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LEONEL HERNANDEZ, Defendant-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 8:19-cr-00016-VMC-JSS-3 Appeal from the United States District Court for the Middle District of Florida Before MARTIN, ROSENBAUM and MARCUS, Circuit Judges. PER CURIAM:
The Government's motion to dismiss this appeal pursuant to the appeal waiver in Leonel Hernandez's plea agreement is GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (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) (appeal waiver "cannot be vitiated or altered by comments the court makes during sentencing"); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error).