USCA11 Case: 23-10263 Document: 22-1 Date Filed: 06/02/2023 Page: 1 of 2
[DO NOT PUBLISH]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: 2 of 2
2 Order of the Court 23-10263
D.C. Docket No. 9:22-cr-80127-DMM-3
____________________
Before WILLIAM PRYOR, Chief Judge, and JILL 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).
