USCA11 Case: 23-11493 Document: 36-1 Date Filed: 01/05/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-11493 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIRK MICHAEL LOHR,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:22-cr-00097-CEM-LHP-1 ____________________ USCA11 Case: 23-11493 Document: 36-1 Date Filed: 01/05/2024 Page: 2 of 2

2 Opinion of the Court 23-11493

Before WILLIAM PRYOR, Chief Judge, and ROSENBAUM and GRANT, 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) (sen- tence 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).