U.S. Court of Appeals for the Eleventh Circuit, 2018

United States v. John Luckett

United States v. John Luckett
U.S. Court of Appeals for the Eleventh Circuit · Decided April 26, 2018

United States v. John Luckett

Opinion

Case: 17-10514 Date Filed: 04/26/2018 Page: 1 of 2

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10514 ________________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN LUCKETT, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (April 26, 2018) Before MARTIN, JILL PRYOR, and NEWSOM, Circuit Judges.

BY THE COURT: 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 Case: 17-10514 Date Filed: 04/26/2018 Page: 2 of 2

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.

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