UNITED STATES v. ORDONEZ GODOY (2020)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Segundo Milton ORDONEZ GODOY, Defendant - Appellant.

No. 18-14285

Decided: January 13, 2020

Before JILL PRYOR, GRANT and LUCK, Circuit Judges. Peter J. Sholl, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff - Appellee Anne Frances Borghetti, Attorney, Law Offices of Anne Borghetti, Clearwater, FL, for Defendant - Appellant

The Government’s motion to dismiss the appeal pursuant to the appeal waiver in the 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: