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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10263
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHNATHAN SCOTT FLEAK,
a.k.a. Addie_Rose421,
a.k.a. Addie Rose,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
USCA11 Case: 23-10263 Document: 22-1 Date Filed: 06/02/2023 Page: 1 of 2
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2 Order of the Court 23-10263
D.C. Docket No. 9:22-cr-80127-DMM-3
____________________
Before WILLIAM PRYOR , Chief Judge, and J ILL PRYOR and
ANDERSON, 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 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).
USCA11 Case: 23-10263 Document: 22-1 Date Filed: 06/02/2023 Page: 2 of 2
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