United States v. Hector Alejandro Apodaca-Alvarez

USCA11 Case: 24-11125 Document: 30-1 Date Filed: 05/22/2025 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 24-11125

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

HECTOR ALEJANDRO APODACA-ALVAREZ, a.k.a. Hector Alejandro Apodaca Alvarez,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:23-cr-60111-KMM-4 USCA11 Case: 24-11125 Document: 30-1 Date Filed: 05/22/2025 Page: 2 of 2

2 Opinion of the Court 24-11125 ____________________

Before JORDAN, LUCK, and WILSON, 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) (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 will be enforced where “it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances” (quotation marks and brackets omitted)); United States v. Weaver, 275 F.3d 1320, 1323–24, 1333 (11th Cir. 2001) (an appeal waiver is enforceable when the waiver was referenced during the plea colloquy and the defendant confirmed that he understood the provision and had entered into it freely and voluntarily); United States v. Gonzalez-Mercado, 808 F.2d 796, 800 n.8 (11th Cir. 1987) (there is a strong presumption that the defendant’s statements during a plea colloquy are true.).