Case: 19-13038 Date Filed: 03/30/2020 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 19-13038
Non-Argument Calendar
________________________
D.C. Docket No. 8:19-cr-00016-VMC-JSS-3
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEONEL HERNANDEZ,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(March 30, 2020)
Before MARTIN, ROSENBAUM and MARCUS, Circuit Judges.
PER CURIAM:
Case: 19-13038 Date Filed: 03/30/2020 Page: 2 of 2
The Government’s motion to dismiss this appeal pursuant to the appeal
waiver in Leonel Hernandez’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).
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