United States v. Mackenzie Delmas

U.S. Court of Appeals for the Eleventh Circuit

United States v. Mackenzie Delmas

Opinion

USCA11 Case: 22-11593 Document: 40-1 Date Filed: 02/05/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-11593 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MACKENZIE DELMAS,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:19-cr-80045-RKA-1 ____________________ USCA11 Case: 22-11593 Document: 40-1 Date Filed: 02/05/2024 Page: 2 of 2

2 Opinion of the Court 22-11593

Before GRANT, BRASHER, 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. As we have explained before, such waivers are enforceable if made knowingly and voluntarily. United States v. Bushert, 997 F.2d 1343, 1350 (11th Cir. 1993); see United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (“touchstone” for determining whether appeal waiver was knowing and voluntary is whether court clearly con- veyed to defendant “that he was giving up his right to appeal under most circumstances” (quotation omitted)).

Reference

Status
Unpublished