United States v. Palacio Farley

USCA11 Case: 22-12641 Document: 48-1 Date Filed: 02/05/2025 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 22-12641

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

PALACIO FARLEY,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cr-20667-KMW-1 ____________________ USCA11 Case: 22-12641 Document: 48-1 Date Filed: 02/05/2025 Page: 2 of 2

2 Opinion of the Court 22-12641

Before ROSENBAUM, KIDD, 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 knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (providing that the touchstone for as- sessing whether an appeal waiver was knowing and voluntary is whether it was clearly conveyed to the defendant that he was giv- ing up his right to appeal under most circumstances); United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (holding that a waiver was knowing and voluntary where the waiver provision was referenced during the plea colloquy and the defendant agreed that she understood it and entered the agreement freely and volun- tarily).