UNITED STATES v. KANKOLENSKI (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan Michael KANKOLENSKI, Defendant-Appellant.

No. 18-13434

Decided: January 17, 2019

Before WILLIAM PRYOR, MARTIN and NEWSOM, Circuit Judges. Jill E. Steinberg, Christopher Conrad Bly, Jane Elizabeth McBath, Lawrence R. Sommerfeld, U.S. Attorney Service - Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, for Plaintiff-Appellee Stephanie A. Kearns, Brian Mendelsohn, Federal Defender Program, Inc., ATLANTA, GA, 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. Howle, 166 F.3d 1166, 1169 (11th Cir. 1999) (an appeal waiver “includes a waiver of the right to appeal difficult or debatable legal issues”).

PER CURIAM: