United States v. Johnathan Fleak

Opinion

USCA11 Case: 23-10263 Document: 22-1 Date Filed: 06/02/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10263 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHNATHAN SCOTT FLEAK, a.k.a. Addie_Rose421, a.k.a. Addie Rose,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Florida USCA11 Case: 23-10263 Document: 22-1 Date Filed: 06/02/2023 Page: 2 of 2

2 Order of the Court 23-10263

D.C. Docket No. 9:22-cr-80127-DMM-3 ____________________

Before WILLIAM PRYOR, Chief Judge, and JILL PRYOR and ANDERSON, 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).