United States v. David Isagba

USCA11 Case: 22-14253 Document: 32-1 Date Filed: 12/28/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 22-14253

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

DAVID ISAGBA,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 5:19-cr-00064-JA-PRL-1 ____________________ USCA11 Case: 22-14253 Document: 32-1 Date Filed: 12/28/2023 Page: 2 of 2

2 Opinion of the Court 22-14253

Before WILSON, BRANCH, and LUCK, 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) (holding that a 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) (holding that the defendant knowingly and voluntarily waived his right to appeal a sentence on the ground that its length, which was below the statutory maximum, was cruel and unusual under the Eighth Amendment).