USA v. Brendon J. Gates

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-14278
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRENDON J. GATES,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 3:19-cr-00012-TCB-RGV-1
____________________
USCA11 Case: 21-14278 Document: 48-1 Date Filed: 12/08/2023 Page: 1 of 2

-- 1 of 2 --

2 Opinion of the Court 21-14278
Before WILSON, JORDAN, and LAGOA, Circuit Judges.
PER CURIAM:
The Government’s motion to dismiss this appeal pursuant
to the appeal waiver in Appellant’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 com-
ments the court makes during sentencing”); United States v. Gri-
nard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right
to appeal includes waiver of the right to appeal difficult or debata-
ble legal issues or even blatant error).
USCA11 Case: 21-14278 Document: 48-1 Date Filed: 12/08/2023 Page: 2 of 2

-- 2 of 2 --