United States v. Andre Adam Nguyen

Opinion

In the

United States Court of Appeals For the Eleventh Circuit

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No. 22-10765

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ANDRE ADAM NGUYEN,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:21-cr-00217-MLB-1

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2

2 Order of the Court 22-10765

Before JORDAN, ROSENBAUM, and JILL PRYOR, Circuit Judges. PER CURIAM:

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Mr. Nguyen’s plea agreement is GRANTED. The appeal waiver is enforceable, and none of its exceptions apply. 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 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).