UNITED STATES v. JOHNSON (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Tony Marvin JOHNSON, Defendant-Appellant.

No. 18-12456

Decided: January 17, 2019

Before MARCUS, WILLIAM PRYOR and GRANT, Circuit Judges. Peter J. Sholl, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Rosemary Cakmis, Donna Lee Elm, Federal Public Defender's Office, Orlando, FL, Adam Paul Labonte, Frank William Zaremba, Nicole Valdes Hardin, Federal Public Defender's Office, Tampa, FL, for Defendant-Appellant Tony Marvin Johnson, Pro Se

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: