United States v. John White

U.S. Court of Appeals for the Eleventh Circuit

United States v. John White

Opinion

Case: 18-12394 Date Filed: 12/11/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 18-12394

Non-Argument Calendar

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D.C. Docket No. 2:05-cr-00132-WKW-CSC-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus JOHN WHITE,

Defendant-Appellant.

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Appeal from the United States District Court

for the Middle District of Alabama

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(December 11, 2018) Before TJOFLAT, JORDAN and FAY, Circuit Judges. PER CURIAM:

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in John White’s plea agreement is GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be

Case: 18-12394 Date Filed: 12/11/2018 Page: 2 of 2 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).

2

Reference

Status
Unpublished