USCA11 Case: 22-10964 Date Filed: 11/07/2022 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-10964 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL JOSEPH WIHLBORG,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:21-cr-20212-JEM-1 ____________________ USCA11 Case: 22-10964 Date Filed: 11/07/2022 Page: 2 of 2

2 Opinion of the Court 22-10964

Before LUCK, LAGOA, and BLACK, 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. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (“[A]s long as an appeal waiver is voluntarily and knowingly en- tered into as part of a valid plea agreement, and that agreement is accepted by the court, the waiver is enforceable. It cannot be viti- ated or altered by comments the court makes during sentencing.”); United States v. Bushert, 997 F.2d 1343, 1351 (11th Cir. 1993) (ex- plaining a sentence appeal waiver will be enforced if it was made knowingly and voluntarily).