United States v. Javier Sanchez Mendoza, Jr.

U.S. Court of Appeals for the Eleventh Circuit

United States v. Javier Sanchez Mendoza, Jr.

Opinion

USCA11 Case: 22-11273 Date Filed: 11/22/2022 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-11273 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER SANCHEZ MENDOZA, JR.,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 2:21-cr-00034-LGW-BWC-1 ____________________ USCA11 Case: 22-11273 Date Filed: 11/22/2022 Page: 2 of 2

2 Opinion of the Court 22-11273

Before JORDAN, BRANCH, and BRASHER, 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. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (stat- ing that the “touchstone” for assessing whether an appeal waiver was made knowingly and voluntarily is whether the court clearly conveyed to the defendant that he was giving up his right to ap- peal under most circumstances);United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (stating that a sentence appeal waiver will be enforced if it was made knowingly and voluntarily).

Reference

Status
Unpublished