United States v. Gisell Aberasturia

Case: 18-15090 Date Filed: 06/11/2019 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-15090 Non-Argument Calendar ________________________ D.C. Docket No. 1:18-cr-20514-KMM-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GISELL ABERASTURIA, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (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”). 2