USA v. Diana Lovera

Filing

Opinion issued by court as to Appellant Diana Lovera. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to dismiss appeal due to appeal waiver filed by Appellee USA is GRANTED. [8121936-2]. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. (Opinion corrected on 7/31/2017. Incorrect District Court docket number.)--[Edited 07/31/2017 by JRP]

Case: 16-17448

Date Filed: 07/28/2017

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-17448
Non-Argument Calendar
________________________
D.C. Docket No. 0:15-cr-60317-BB-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DIANA LOVERA,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(July 28, 2017)
Before MARCUS, JILL PRYOR and FAY, Circuit Judges.
PER CURIAM:
The Government’s motion to dismiss this appeal pursuant to the appeal
waiver in Lovera’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

Case: 16-17448

Date Filed: 07/28/2017

Page: 2 of 2

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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