United States v. Gabriel Nunez

USCA11 Case: 24-12169 Document: 23-1 Date Filed: 05/02/2025 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 24-12169

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

GABRIEL NUNEZ,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 5:22-cr-00018-CAR-CHW-1 ____________________ USCA11 Case: 24-12169 Document: 23-1 Date Filed: 05/02/2025 Page: 2 of 2

2 Opinion of the Court 24-12169

Before JILL PRYOR, BRANCH, and ANDERSON, 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) (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 com- ments the court makes during sentencing”); United States v. Gri- nard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debata- ble legal issues or even blatant error).