United States v. Tony Marvin Johnson

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 17, 2019
• Docket: 18-12456
• Status: Unpublished

Opinion

Case: 18-12456 Date Filed: 01/17/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 18-12456 Non-Argument Calendar ________________________

D.C. Docket No. 8:17-cr-00344-CEH-TGW-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TONY MARVIN JOHNSON,

Defendant-Appellant.

________________________

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

(January 17, 2019)

Before MARCUS, WILLIAM PRYOR and GRANT, 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, Case: 18-12456 Date Filed: 01/17/2019 Page: 2 of 2

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).