United States v. Ahmad Roper

Opinion

USCA11 Case: 24-10881 Document: 27-1 Date Filed: 11/19/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-10881 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus AHMAD ROPER, a.k.a. AP,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:22-cr-00438-TWT-JKL-1 ____________________ USCA11 Case: 24-10881 Document: 27-1 Date Filed: 11/19/2024 Page: 2 of 2

2 Opinion of the Court 24-10881

Before BRANCH, BRASHER, and ANDERSON, 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, 1351 (11th Cir. 1993) (sen- tence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (sentence appeal waiver will be enforced where “it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances” (quotation marks and brackets omitted)); United States v. Weaver, 275 F.3d 1320, 1323-24, 1333 (11th Cir. 2001) (an appeal waiver is enforceable when the waiver was referenced during the plea colloquy and the defendant con- firmed that he understood the provision and had entered into it freely and voluntarily); United States v. Gonzalez-Mercado, 808 F.2d 796, 800 n.8 (11th Cir. 1987) (there is a strong presumption that the defendant’s statements during a plea colloquy are true.).