Case: 18-12456 Date Filed: 01/17/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-12456 Non-Argument Calendar ________________________ D.C. Docket No. 8:17-cr-00344-CEH-TGW-1

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TONY MARVIN JOHNSON, Defendant-Appellant.

________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (January 17, 2019) Before MARCUS, WILLIAM PRYOR and GRANT, 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: 18-12456 Date Filed: 01/17/2019 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).