Summary
applying Williams and declining to issue a certificate of appealability because a "defendant cannot avoid application of an appeal waiver by recasting a sentencing challenge as an ineffective-assistance-of-counsel claim."
Summary of this case from United States v. ChallitaOpinion
No. 17-13194
01-29-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. FRANK PANNULLO Defendant-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 8:16-cr-00222-MSS-JSS-1 Appeal from the United States District Court for the Middle District of Florida Before WILLIAM PRYOR, MARTIN and JILL PRYOR, Circuit Judges. BY THE COURT:
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) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); Williams v. United States, 396 F.3d 1340, 1342 (11th Cir. 2005) (defendant cannot avoid application of an appeal waiver by recasting a sentencing challenge as an ineffective-assistance-of-counsel claim).