United States v. Ismil Rodriguez-Aybar

U.S. Court of Appeals for the Eleventh Circuit

United States v. Ismil Rodriguez-Aybar

Opinion

USCA11 Case: 25-11576 Document: 22-1 Date Filed: 10/24/2025 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11576 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

ISMIL RODRIGUEZ-AYBAR, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 7:23-cr-00015-WLS-ALS-2 ____________________

Before LUCK, LAGOA, and BRASHER, 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) USCA11 Case: 25-11576 Document: 22-1 Date Filed: 10/24/2025 Page: 2 of 2

2 Opinion of the Court 25-11576

(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).

Reference

Status
Unpublished