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United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Silvio LOPEZ CUELLAR, Defendant-Appellant.

No. 17-13523

Decided: January 11, 2019

Before WILSON, BRANCH and JULIE CARNES, Circuit Judges. Phillip Drew DiRosa, Sivashree Sundaram, U.S. Attorney's Office, Fort Lauderdale, FL, Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, U.S. Attorney Service - SFL, Miami, FL, for Plaintiff-Appellee Jacqueline Shapiro, Jacqueline E. Shapiro, Esq., Miami, FL, for Defendant-Appellant

The Government’s motion to dismiss this appeal pursuant to the sentence appeal waiver in Silvio Cuellar’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).


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