U.S. Court of Appeals for the Eleventh Circuit, 2023

United States v. Oscar Marsiglia-Barrios

United States v. Oscar Marsiglia-Barrios
U.S. Court of Appeals for the Eleventh Circuit · Decided May 17, 2023

United States v. Oscar Marsiglia-Barrios

Opinion

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[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-11354 Non-Argument Calendar ____________________ UNITED STATES OF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).

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