Case: 18-15090 Date Filed: 06/11/2019 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-15090
Non-Argument Calendar
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D.C. Docket No. 1:18-cr-20514-KMM-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GISELL ABERASTURIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(June 11, 2019)
Before ED CARNES, Chief Judge, MARTIN, and NEWSOM, Circuit Judges.
PER CURIAM:
The Government’s motion to dismiss this appeal pursuant to the appeal
waiver in Appellant’s plea agreement is GRANTED. United States v. Johnson,
Case: 18-15090 Date Filed: 06/11/2019 Page: 2 of 2
541 F.3d 1064, 1066 (11th Cir. 2008) (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”).
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