United States v. Herman Fleming

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 6, 2024
• Docket: 22-12432
• Status: Unpublished

Opinion

USCA11 Case: 22-12432 Document: 40-1 Date Filed: 03/06/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-12432 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HERMAN FLEMING,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:21-cr-00081-TPB-NPM-1 ____________________ USCA11 Case: 22-12432 Document: 40-1 Date Filed: 03/06/2024 Page: 2 of 2

2 Opinion of the Court 22-12432

Before JILL PRYOR, BRANCH, 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) (sen- tence 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); United States v. Cordero, 7 F.4th 1058, 1067 n.10 (11th Cir. 2021) (an enforceable sentence appeal waiver bars challenges to conditions of supervised release).