United States v. Luis Reyes Juarez

USCA11 Case: 25-11783 Document: 20-1 Date Filed: 02/18/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11783 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS FERNANDO REYES JUAREZ, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 3:24-cr-00032-TES-CHW-1 ____________________ Before GRANT, LUCK, and LAGOA, Circuit Judges.

PER CURIAM: Luis Fernando Reyes Juarez appeals his 240-month sentence for possession with intent to distribute cocaine. The government has moved to dismiss the appeal pursuant to the appeal waiver in USCA11 Case: 25-11783 Document: 20-1 Date Filed: 02/18/2026 Page: 2 of 2

2 Opinion of the Court 25-11783 Reyes Juarez’s plea agreement. We will enforce a defendant’s sen- tence appeal waiver if the waiver was knowingly and voluntarily made. United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993). And the “touchstone” for determining if a defendant’s ap- peal waiver was knowing and voluntary is whether it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances. United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020).

Here, Reyes Juarez’s plea agreement contained a waiver of the right to appeal his sentence unless the sentence exceeded either the statutory maximum sentence or the advisory Sentencing Guidelines range calculated by the district court, or the govern- ment appealed the sentence. Reyes Juarez signed the plea agree- ment and initialed every page, and the district court specifically dis- cussed the appeal waiver with him at the change-of-plea hearing.

In response to the court’s questioning, he confirmed his under- standing that he was waiving his right to appeal any sentence im- posed except under very limited circumstances. The exceptions to the appeal waiver do not apply, so the government’s motion to dis- miss the appeal is GRANTED.

APPEAL DISMISSED.