UNITED STATES v. CARTER (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan A. CARTER, Defendant-Appellant.

No. 17-12520

Decided: April 18, 2018

Before WILSON, JORDAN and ANDERSON, Circuit Judges. Michael B. Billingsley, Praveen S. Krishna, U.S. Attorney Service—Northern District of Alabama, U.S. Attorney's Office, Birmingham, AL, for Plaintiff-Appellee Glennon Fletcher Threatt, Jr., Kevin L. Butler, Robin P. Robertson, Federal Public Defender, Birmingham, AL, Deanna Lee Oswald, Alexander Peter Vlisides, Federal Public Defender—NAL, Huntsville, AL, for Defendant-Appellant

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); 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).

MOTION TO DISMISS GRANTED.

PER CURIAM: