United States v. Jose Yecid Castro Hurtado

U.S. Court of Appeals for the Eleventh Circuit

United States v. Jose Yecid Castro Hurtado

Opinion

Case: 17-10886 Date Filed: 12/13/2017 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 17-10886

Non-Argument Calendar

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D.C. Docket No. 8:16-cr-00285-VMC-MAP-3 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus JOSE YECID CASTRO HURTADO,

Defendant-Appellant.

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Appeals from the United States District Court

for the Middle District of Florida

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(December 13, 2017) Before WILLIAM PRYOR, NEWSOM, and ANDERSON, Circuit Judges. PER CURIAM:

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

Case: 17-10886 Date Filed: 12/13/2017 Page: 2 of 2 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).

2

Reference

Status
Unpublished