USA v. Michael Joseph Wihlborg

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-10964
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL JOSEPH WIHLBORG,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:21-cr-20212-JEM-1
____________________
USCA11 Case: 22-10964 Date Filed: 11/07/2022 Page: 1 of 2

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2 Opinion of the Court 22-10964
Before LUCK, LAGOA, and BLACK, 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. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006)
(“[A]s long as an appeal waiver is voluntarily and knowingly en-
tered into as part of a valid plea agreement, and that agreement is
accepted by the court, the waiver is enforceable. It cannot be viti-
ated or altered by comments the court makes during sentencing.”);
United States v. Bushert, 997 F.2d 1343, 1351 (11th Cir. 1993) (ex-
plaining a sentence appeal waiver will be enforced if it was made
knowingly and voluntarily).
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