United States v. Alphonso White

USCA11 Case: 23-14061 Document: 19-1 Date Filed: 08/29/2024 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-14061

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus ALPHONSO WHITE,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 7:22-cr-00051-WLS-TQL-1

____________________ USCA11 Case: 23-14061 Document: 19-1 Date Filed: 08/29/2024 Page: 2 of 2 2 Opinion of the Court 23-14061 Before GRANT, BRASHER, and ABUDU, Circuit Judges.

PER CURIAM:

Alphonso White appeals his 169-month sentence for posses- sion with intent to distribute fentanyl. The government has filed a motion to dismiss the appeal pursuant to the appeal waiver in White’s plea agreement.

Because the written plea agreement and the Rule 11 collo- quy make clear that White knowingly and voluntarily waived his right to appeal his sentence (with exceptions not applicable here), we will enforce the appeal waiver without requiring the govern- ment to brief the merits of the appeal. See United States v. Buchanan, 131 F.3d 1005, 1008 (11th Cir. 1997); United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993). The government’s motion to dismiss this appeal is GRANTED.