United Statesv.Aberasturia

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUITJun 11, 2019
No. 18-15090 (11th Cir. Jun. 11, 2019)

No. 18-15090

06-11-2019

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GISELL ABERASTURIA, Defendant-Appellant.


[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 1:18-cr-20514-KMM-2 Appeal from the United States District Court for the Southern District of Florida Before ED CARNES,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, 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").