USCA11 Case: 23-13536 Document: 39-1 Date Filed: 12/02/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13536 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID ZAVALA, a.k.a. Toro,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 3:19-cr-00059-CAR-CHW-1 ____________________ USCA11 Case: 23-13536 Document: 39-1 Date Filed: 12/02/2024 Page: 2 of 2

2 Opinion of the Court 23-13536

Before BRANCH, LUCK, and ANDERSON, 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) (holding that a sentence appeal waiver will be enforced if it was made know- ingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (providing that the touchstone for assessing whether an appeal waiver was knowing and voluntary is whether it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances).