United States v. Jose Mendez-Morales ( 2022 )


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  • USCA11 Case: 22-10399    Date Filed: 07/26/2022   Page: 1 of 2
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 22-10399
    Non-Argument Calendar
    ____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JOSE MENDEZ-MORALES,
    a.k.a. Tiger,
    a.k.a. David Mendoza,
    a.k.a. David Pineda,
    Defendant-Appellant.
    USCA11 Case: 22-10399        Date Filed: 07/26/2022     Page: 2 of 2
    2                      Opinion of the Court                22-10399
    ____________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    D.C. Docket No. 1:19-cr-00304-ELR-AJB-1
    ____________________
    Before ROSENBAUM, NEWSOM, and GRANT, 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
    , 1350-51 (11th Cir. 1993)
    (sentence appeal waiver will be enforced if it was made knowingly
    and voluntarily); United States v. Boyd, 
    975 F.3d 1185
    , 1192 (11th
    Cir. 2020) (the touchstone for assessing if a sentence appeal waiver
    was made knowingly and voluntarily is whether it was clearly con-
    veyed to the defendant that he was giving up his right to appeal
    under most circumstances).
    

Document Info

Docket Number: 22-10399

Filed Date: 7/26/2022

Precedential Status: Non-Precedential

Modified Date: 7/26/2022