United States v. Olfar Julian Puerto Arias

USCA11 Case: 22-11094 Document: 29-1 Date Filed: 02/16/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 22-11094

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

OLFAR JULIAN PUERTO ARIAS, a.k.a Puerto,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:18-cr-20236-JEM-1 ____________________ USCA11 Case: 22-11094 Document: 29-1 Date Filed: 02/16/2023 Page: 2 of 2

2 Opinion of the Court 22-11094

Before WILSON, LUCK, and LAGOA, 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, 1351 (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) (sentence appeal waiver will be enforced where “it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances” (quotation marks and brack- ets omitted)); United States v. Howle, 166 F.3d 1166, 1169 & n.5 (11th Cir. 1999) (an appeal waiver may waive difficult or debatable legal issues but could be reviewable in extreme circumstances).