United States v. John White

Case: 18-12394 Date Filed: 12/11/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-12394 Non-Argument Calendar ________________________ D.C. Docket No. 2:05-cr-00132-WKW-CSC-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN WHITE, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Alabama ________________________ (December 11, 2018) Before TJOFLAT, JORDAN and FAY, Circuit Judges. PER CURIAM: The Government’s motion to dismiss this appeal pursuant to the appeal waiver in John White’s plea agreement is GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be Case: 18-12394 Date Filed: 12/11/2018 Page: 2 of 2 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). 2