United States v. Mark Peterson

U.S. Court of Appeals for the Eleventh Circuit

United States v. Mark Peterson

Opinion

USCA11 Case: 23-13828 Document: 35-1 Date Filed: 12/05/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13828 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARK ANTHONY PETERSON,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:22-cr-00197-KKM-AEP-1 ____________________ USCA11 Case: 23-13828 Document: 35-1 Date Filed: 12/05/2024 Page: 2 of 2

2 Opinion of the Court 23-13828

Before ROSENBAUM, GRANT, and ABUDU, 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, 1350–51 (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 was knowing and voluntary because the district court discussed it with the defendant during the plea colloquy and advised him “that he was giving up his right to appeal his sentence under most circumstances”).

Reference

Status
Unpublished