USA v. Luis Prieto, Jr.


Opinion issued by court as to Appellant Luis Prieto, Jr.. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to dismiss appeal due to appeal waiver filed by Appellee USA is GRANTED. [8174139-2].(See 10/27/2017 opinion)(FMH/JEC/SHB) The opinion is also available through the Court's Opinions page at this link

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Case: 16-17436 Date Filed: 10/27/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-17436 Non-Argument Calendar ________________________ D.C. Docket No. 1:16-cr-20038-JAL-4 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS PRIETO, JR., a.k.a. Lou, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (October 27, 2017) Before HULL, JULIE CARNES and BLACK, Circuit Judges. PER CURIAM: The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Prieto’s plea agreement is GRANTED. See United States v. Bushert, Case: 16-17436 Date Filed: 10/27/2017 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. 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). 2

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