USA v. Herman Fleming

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-12432
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERMAN FLEMING,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 2:21-cr-00081-TPB-NPM-1
____________________
USCA11 Case: 22-12432 Document: 40-1 Date Filed: 03/06/2024 Page: 1 of 2

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2 Opinion of the Court 22-12432
Before J ILL PRYOR , BRANCH, and L AGOA , 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) (sen-
tence 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”); 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); United States v. Cordero, 7 F.4th 1058,
1067 n.10 (11th Cir. 2021) (an enforceable sentence appeal waiver
bars challenges to conditions of supervised release).
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