United States v. Abel Real Suastegui

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 17, 2023
• Docket: 22-13537
• Status: Unpublished

Opinion

USCA11 Case: 22-13537 Document: 24-1 Date Filed: 05/17/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-13537 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ABEL REAL SUASTEGUI, a.k.a. Yair Serrano-Rendon,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:21-cr-00339-SCB-MRM-1 USCA11 Case: 22-13537 Document: 24-1 Date Filed: 05/17/2023 Page: 2 of 2

2 Opinion of the Court 22-13537

Before WILSON, LUCK, and LAGOA, 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).