USCA11 Case: 25-10758 Document: 32-1 Date Filed: 10/20/2025 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10758 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

DERICK YAMIR PEREZ DIAZ, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:24-cr-00100-CEM-DCI-2 ____________________

Before JORDAN, JILL PRYOR, and BRANCH, 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) USCA11 Case: 25-10758 Document: 32-1 Date Filed: 10/20/2025 Page: 2 of 2

2 Opinion of the Court 25-10758

(holding that a sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Bascomb, 451 F.3d 1292, 1295-97 (11th Cir. 2006) (explaining that a district court lacks power to modify a plea agreement’s terms through its statements at sentencing, including any appeal waiver included in the plea agreement).