United States v. Xavier Jermaine Davis

U.S. Court of Appeals for the Eleventh Circuit

United States v. Xavier Jermaine Davis

Opinion

USCA11 Case: 21-12073 Date Filed: 10/19/2021 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 21-12073 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus XAVIER JERMAINE DAVIS,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:18-cr-80195-JIC-1 ____________________ USCA11 Case: 21-12073 Date Filed: 10/19/2021 Page: 2 of 2

2 Opinion of the Court 21-12073

Before JILL PRYOR, BRANCH, and LUCK, 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. Bushert, 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. Boyd, 975 F.3d 1185, 1190, 1192 (11th Cir. 2020) (sentence appeal waiver was knowing and volun- tary where district court specifically questioned defendant about the waiver during the plea colloquy).

Reference

Status
Unpublished