U.S. Court of Appeals for the Eleventh Circuit, 2019

United States v. Nishitkumar Patel

United States v. Nishitkumar Patel
U.S. Court of Appeals for the Eleventh Circuit · Decided December 9, 2019

United States v. Nishitkumar Patel

Opinion

Case: 19-11407 Date Filed: 12/09/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-11407 Non-Argument Calendar ________________________ D.C. Docket No. 8:18-cv-00468-VMC-JSS-2

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NISHITKUMAR PATEL, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (December 9, 2019) Before NEWSOM, HULL and MARCUS, 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 Case: 19-11407 Date Filed: 12/09/2019 Page: 2 of 2

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).

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