United States v. Eric Gillespie

USCA11 Case: 23-13241 Document: 35-1 Date Filed: 04/04/2024 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-13241

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

ERIC GILLESPIE, a.k.a. E,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 3:21-cr-00029-CAR-CHW-4 USCA11 Case: 23-13241 Document: 35-1 Date Filed: 04/04/2024 Page: 2 of 2

2 Opinion of the Court 23-13241 ____________________

Before JORDAN, GRANT, and LAGOA, 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, 1345, 1350–51 (11th Cir. 1993) (sentence appeal waivers are enforceable if made knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (“touchstone” for assessing whether a sentence appeal waiver was made knowingly and voluntarily is whether it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances).