UNITED STATES v. NARBONE (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas NARBONE Defendant-Appellant.

No. 18-11236-EE

Decided: July 26, 2018

BEFORE: TJOFLAT, MARTIN, and JILL PRYOR, Circuit Judges. Christopher Conrad Bly, Brian Michael Pearce, Lawrence R. Sommerfeld, U.S. Attorney Service—Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, for Plaintiff-Appellee Robert L. Sirianni, Jr., Brownstone, PA, Winter Park, FL, for Defendant-Appellant

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); 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).