United States v. Jonathan Rafael Ortega-Martinez

USCA11 Case: 25-14481 Document: 23-1 Date Filed: 08/25/2026 Page: 1 of 2

NOT FOR PUBLICATION In the

United States Court of Appeals

For the Eleventh Circuit ____________________ No. 25-14481 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus JONATHAN RAFAEL ORTEGA-MARTINEZ, a.k.a. Jonathan Ortega-Martinez,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida

D.C. Docket No. 8:24-cr-00542-SDM-AEP-2 ____________________

Before JORDAN, JILL PRYOR, AND BRANCH, Circuit Judges.

PER CURIAM:

The government’s motion to dismiss this appeal pursuant to the sentence-appeal waiver in Ortega-Martinez’s plea agreement is

USCA11 Case: 25-14481 Document: 23-1 Date Filed: 08/25/2026 Page: 2 of 2 2 Opinion of the Court 25-14481 GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (holding that a sentence-appeal waiver will be en- forced if it was made knowingly and voluntarily); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (explaining that a waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error). This case does not present any “miscarriage of justice” that makes the appeal waiver unenforceable because the district court’s 120-month sen- tence was within the advisory Sentencing Guidelines range and be- low the 180-month statutory maximum sentence. See United States v. Hunter, 146 S.Ct. 1702, 1713 (2026) (explaining that “miscarriage of justice” is a “high bar” which applies when “the sentence is marred by the kind of egregious error that would bring the judicial system into disrepute”).

APPEAL DISMISSED.