United States v. Erick Orlando Villacorta

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 27, 2022
• Docket: 21-14379
• Status: Unpublished

Opinion

USCA11 Case: 21-14379 Document: 28-1 Date Filed: 12/27/2022 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 21-14379 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ERICK ORLANDO VILLACORTA,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 4:19-cr-00389-AKK-GMB-1 ____________________ USCA11 Case: 21-14379 Document: 28-1 Date Filed: 12/27/2022 Page: 2 of 2

2 Opinion of the Court 21-14379

Before JORDAN, ROSENBAUM, and JILL PRYOR, 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 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).