UNITED STATES v. LOPEZ CUELLAR (2019)

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).

PER CURIAM: