Case: 19-13038 Date Filed: 03/30/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 19-13038

Non-Argument Calendar

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D.C. Docket No. 8:19-cr-00016-VMC-JSS-3 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus LEONEL HERNANDEZ,

Defendant-Appellant.

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Appeal from the United States District Court

for the Middle District of Florida

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(March 30, 2020) Before MARTIN, ROSENBAUM and MARCUS, Circuit Judges. PER CURIAM:

Case: 19-13038 Date Filed: 03/30/2020 Page: 2 of 2

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Leonel Hernandez’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 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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