United States v. Ajaria Sharda Simon

U.S. Court of Appeals for the Eleventh Circuit

United States v. Ajaria Sharda Simon

Opinion

Case: 17-11652 Date Filed: 12/15/2017 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 17-11652

Non-Argument Calendar

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D.C. Docket No. 2:16-cr-00104-SPC-CM-3 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus AJARIA SHARDA SIMON,

Defendant-Appellant.

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Appeal from the United States District Court

for the Middle District of Florida

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(December 15, 2017) Before TJOFLAT, WILLIAM PRYOR, 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,

Case: 17-11652 Date Filed: 12/15/2017 Page: 2 of 2 997 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).

MOTION TO DISMISS GRANTED.

2

Reference

Status
Unpublished