USA v. Frantz Mersier

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-12256
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANTZ MERSIER,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 0:21-cr-60094-RKA-1
____________________
USCA11 Case: 22-12256 Document: 42-1 Date Filed: 10/05/2023 Page: 1 of 2

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2 Opinion of the Court 22-12256
Before NEWSOM, LAGOA, and BRASHER, 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. 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).
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