UNITED STATES v. OROBIO LANDAZURI (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Plinio Alberto OROBIO LANDAZURI, Defendant-Appellant.

No. 18-10750

Decided: January 14, 2019

Before WILLIAM PRYOR, JILL PRYOR and ANDERSON, Circuit Judges. Yvette Rhodes, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Che Lopardo, Law Offices of Che Lopardo, Tampa, FL, for Defendant-Appellant

The Government's motion to dismiss this appeal pursuant to the appeal waiver in Plinio Landazuri'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).

PER CURIAM: