United States v. Jason Davis

U.S. Court of Appeals for the Eleventh Circuit

United States v. Jason Davis

Opinion

USCA11 Case: 21-11193 Date Filed: 11/04/2021 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 21-11193 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JASON DAVIS,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:19-cr-00103-SDM-JSS-1 ____________________ USCA11 Case: 21-11193 Date Filed: 11/04/2021 Page: 2 of 2

2 Opinion of the Court 21-11193

Before JORDAN, ROSENBAUM, and GRANT, 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. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (sentence appeal waiver was enforceable when district court “referenced” waiver provision dur- ing plea colloquy and defendant confirmed he understood the waiver provision and entered into it voluntarily and freely); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (sentence ap- peal waiver was enforceable when district court clearly conveyed that defendant was giving up right to appeal under most circum- stances and when defendant initialed and signed plea agreement and confirmed that he read and discussed plea agreement with his counsel and that he understood the terms).

Reference

Status
Unpublished