United States v. Andre Adam Nguyen

Opinion

USCA11 Case: 22-10765 Document: 39-1 Date Filed: 04/10/2023 Page: 1 of 2

In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-10765 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANDRE ADAM NGUYEN,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:21-cr-00217-MLB-1 ____________________ USCA11 Case: 22-10765 Document: 39-1 Date Filed: 04/10/2023 Page: 2 of 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 ex- ceptions 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 viti- ated 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).