USCA11 Case: 25-11738 Document: 22-1 Date Filed: 10/20/2025 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11738 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

JAMES MIRABAL, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:22-cr-00181-RBD-RMN-1 ____________________

Before JORDAN, GRANT, and LUCK, Circuit Judges. PER CURIAM: James Mirabal appeals his 188-month sentence for conspir- acy to distribute and possess with intent to distribute five kilograms or more of cocaine. See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and USCA11 Case: 25-11738 Document: 22-1 Date Filed: 10/20/2025 Page: 2 of 2

2 Opinion of the Court 25-11738

846. He argues that the district court erred in determining the stat- utory minimum sentence and in calculating his Sentencing Guide- lines range. The government responds by moving to dismiss the appeal based on the sentence appeal waiver in Mirabal’s plea agree- ment. We conclude that the appeal waiver is valid and enforceable because Mirabal knowingly and voluntarily agreed to it. See United States v. Bushert, 997 F.2d 1343, 1345, 1350–51 (11th Cir. 1993); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020). Mirabal testified that he read and fully understood the plea agreement con- taining the appeal waiver, discussed it with his attorney, and signed it. See Boyd, 975 F.3d at 1192. He also initialed every page of the plea agreement, including the page containing the appeal waiver. See id. The magistrate judge discussed the appeal waiver with Mira- bal at his change-of-plea hearing, and Mirabal confirmed that he understood that he was waiving his right to appeal the sentence imposed by the district court unless the sentence violated the Con- stitution or exceeded the statutory maximum or the Guidelines range calculated by the district court, or the government appealed the sentence. See Bushert, 997 F.2d at 1351; United States v. Boyd, 975 F.3d at 1192. None of the exceptions in Mirabal’s sentence appeal waiver apply here. We therefore GRANT the government’s motion and DISMISS this appeal. APPEAL DISMISSED.