United States v. Jose Mendez-Morales

U.S. Court of Appeals for the Eleventh Circuit

United States v. Jose Mendez-Morales

Opinion

USCA11 Case: 22-10399 Date Filed: 07/26/2022 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-10399 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE MENDEZ-MORALES, a.k.a. Tiger, a.k.a. David Mendoza, a.k.a. David Pineda,

Defendant-Appellant. USCA11 Case: 22-10399 Date Filed: 07/26/2022 Page: 2 of 2

2 Opinion of the Court 22-10399

____________________

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:19-cr-00304-ELR-AJB-1 ____________________

Before ROSENBAUM, NEWSOM, 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. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (the touchstone for assessing if a sentence appeal waiver was made knowingly and voluntarily is whether it was clearly con- veyed to the defendant that he was giving up his right to appeal under most circumstances).

Reference

Status
Unpublished