U.S. Court of Appeals for the Eleventh Circuit, 2013

United States v. Alberto Alers

United States v. Alberto Alers
U.S. Court of Appeals for the Eleventh Circuit · Decided May 3, 2013 · Tjoflat, Hull, Pryor
518 F. App'x 721

United States v. Alberto Alers

Opinion

PER CURIAM:

Alberto Alers appeals his 120-month sentence after pleading guilty to one count of conspiracy to encourage and induce aliens to reside in the United States in violation of 8 U.S.C. § 1324(a)(l)(A)(v)(I), (B)(i), and one count of conspiracy to commit mail fraud in violation of 18 U.S.C. §§ 1341, 1349. The government filed a motion to dismiss Alers’s appeal, based on the sentence appeal waiver in Alers’s plea agreement.

The sentence appeal waiver is enforceable, as the district court specifically questioned him about the waiver during his plea colloquy, and none of the waiver’s exceptions apply. The Government’s motion to dismiss the appeal of Alers’s sentence pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. United States v. Bushert, 997 F.2d 1343, 1351 (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).

Alers’s appeal of the district court’s denial of his motion to return his property falls beyond the scope of the written waiver in his plea agreement. However, based on Alers’s clear indication that he is appealing only his sentence, not the validity of his guilty plea, we summarily affirm the district court’s denial of the motion. We remand for the limited purpose of correcting the judgment to reflect the offense that Alers was indicted for, mail fraud conspiracy in violation of 18 U.S.C. §§ 1341,1349.

DISMISSED IN PART; AFFIRMED IN PART; LIMITED REMAND FOR *722 THE PURPOSE OF CORRECTING THE JUDGMENT.

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