United States v. Jeffrey Spivack

USCA11 Case: 21-12788 Document: 47-1 Date Filed: 02/02/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 21-12788

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

JEFFREY SPIVACK,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:21-cr-80016-KAM-1 ____________________ USCA11 Case: 21-12788 Document: 47-1 Date Filed: 02/02/2023 Page: 2 of 2

2 Opinion of the Court 21-12788

Before WILSON, LUCK, and BLACK, 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 the “touchstone” for assessing whether an appeal waiver was made knowingly and voluntarily is whether the court clearly con- veyed to the defendant that he was giving up his right to appeal un- der most circumstances);United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (stating a sentence appeal waiver will be enforced if it was made knowingly and voluntarily).