UNITED STATES v. DUARTEZ ZEVAYOS (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Respondent-Appellee, v. Amilcar Jesus DUARTEZ-ZEVAYOS, a.k.a. Bigotes, a.k.a. Don Chuy, Petitioner- Appellant.

No. 17-15567

Decided: January 17, 2019

Before MARCUS, JORDAN, and ROSENBAUM, Circuit Judges. Sandra E. Strippoli, Jane Elizabeth McBath, Lawrence R. Sommerfeld, U.S. Attorney Service - Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, for Plaintiff-Appellee Leigh Ann Webster, Strickland Webster, LLC, 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. 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: