United States v. Junior Jean Noel

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 11, 2019
• Docket: 18-12233
• Status: Unpublished

Opinion

Case: 18-12233 Date Filed: 02/11/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 18-12233 Non-Argument Calendar ________________________

D.C. Docket No. 8:18-cr-00048-CEH-AEP-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUNIOR JEAN NOEL, a.k.a. Jay Mula,

Defendant-Appellant. ________________________

Appeal from the United States District Court for the Middle District of Florida ________________________

(February 11, 2019)

Before MARCUS, JILL PRYOR and ANDERSON, Circuit Judges.

BY THE COURT:

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 Case: 18-12233 Date Filed: 02/11/2019 Page: 2 of 2

if it was made knowingly and voluntarily); 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).