United States v. Gary Max Anderson

USCA11 Case: 21-14364 Date Filed: 06/10/2022 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 21-14364 Non-Argument Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus GARY MAX ANDERSON,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:21-cr-00131-ACA-JHE-1

____________________ USCA11 Case: 21-14364 Date Filed: 06/10/2022 Page: 2 of 2 2 Opinion of the Court 21-14364 Before ROSENBAUM, JILL PRYOR, and GRANT, Circuit Judges. PER CURIAM:

Appellee’s “Motion to File Motion to Dismiss Under Seal” is GRANTED.

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 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).