United States v. Alberto Alers ( 2013 )

Case: 12-15707 Date Filed: 05/03/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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12-15707
Non-Argument Calendar
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D.C. Docket No. 0:11-cr-60147-RNS-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERTO ALERS,
a.k.a. Albert Escobar,
a.k.a. Albert Perez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(May 3, 2013)
Before TJOFLAT, HULL and PRYOR, Circuit Judges.
PER CURIAM:
Alberto Alers appeals his 120-month sentence after pleading guilty to one
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count of conspiracy to encourage and induce aliens to reside in the United States in
violation of 8 U.S.C. §§ 1324(a)(1)(A)(v)(I), (B)(i), and one count of conspiracy to
commit mail fraud in violation of 18 U.S.C. §§ 1341, 1349. The government filed a
motion to dismiss Alers’s appeal, based on the sentence appeal waiver in Alers’s
plea agreement.
The sentence appeal waiver is enforceable, as the district court specifically
questioned him about the waiver during his plea colloquy, and none of the waiver’s
exceptions apply. The Government=s motion to dismiss the appeal of Alers’s
sentence pursuant to the appeal waiver in Appellant=s plea agreement is GRANTED.
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.
Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal
includes waiver of the right to appeal difficult or debatable legal issues or even
blatant error).
Alers’s appeal of the district court’s denial of his motion to return his property
falls beyond the scope of the written waiver in his plea agreement. However, based
on Alers’s clear indication that he is appealing only his sentence, not the validity of
his guilty plea, we summarily affirm the district court’s denial of the motion. We
remand for the limited purpose of correcting the judgment to reflect the offense that
Alers was indicted for, mail fraud conspiracy in violation of 18 U.S.C. §§ 1341,
2
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1349.
DISMISSED IN PART; AFFIRMED IN PART; LIMITED REMAND FOR
THE PURPOSE OF CORRECTING THE JUDGMENT
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