USA v. Michael Joseph Wihlborg, No. 22-10964 (11th Cir. 2022)
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USCA11 Case: 22-10964 Date Filed: 11/07/2022 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10964 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL JOSEPH WIHLBORG, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:21-cr-20212-JEM-1 ____________________ USCA11 Case: 22-10964 2 Date Filed: 11/07/2022 Opinion of the Court Page: 2 of 2 22-10964 Before LUCK, LAGOA, and BLACK, 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. Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (“[A]s long as an appeal waiver is voluntarily and knowingly entered into as part of a valid plea agreement, and that agreement is accepted by the court, the waiver is enforceable. It cannot be vitiated or altered by comments the court makes during sentencing.”); United States v. Bushert, 997 F.2d 1343, 1351 (11th Cir. 1993) (explaining a sentence appeal waiver will be enforced if it was made knowingly and voluntarily).
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