United States v. Oscar Marsiglia-Barrios

USCA11 Case: 22-11354 Document: 31-1 Date Filed: 05/17/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 22-11354

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

OSCAR MARSIGLIA-BARRIOS,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:17-cr-00517-JDW-AAS-1 ____________________ USCA11 Case: 22-11354 Document: 31-1 Date Filed: 05/17/2023 Page: 2 of 2

2 Opinion of the Court 22-11354

Before WILSON, 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. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (stating that 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 that a sentence appeal waiver will be enforced if it was made knowingly and voluntarily).