United States v. Tony Marvin Johnson

Case: 18-12456 Date Filed: 01/17/2019 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-12456
Non-Argument Calendar
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D.C. Docket No. 8:17-cr-00344-CEH-TGW-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY MARVIN JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(January 17, 2019)
Before MARCUS, WILLIAM PRYOR and GRANT, 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,
Case: 18-12456 Date Filed: 01/17/2019 Page: 2 of 2
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).
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