USA v. Frank Pannullo, No. 17-13194 (11th Cir. 2018)

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Case: 17-13194 Date Filed: 01/29/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-13194 Non-Argument Calendar ________________________ D.C. Docket No. 8:16-cr-00222-MSS-JSS-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANK PANNULLO Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (January 29, 2018) Before WILLIAM PRYOR, MARTIN and JILL PRYOR, Circuit Judges. BY THE COURT: 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 Case: 17-13194 Date Filed: 01/29/2018 Page: 2 of 2 if it was made knowingly and voluntarily); Williams v. United States, 396 F.3d 1340, 1342 (11th Cir. 2005) (defendant cannot avoid application of an appeal waiver by recasting a sentencing challenge as an ineffective-assistance-of-counsel claim). 2

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