United States v. Alberto Rodriguez

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 6, 2026
• Docket: 25-11782
• Status: Unpublished

Opinion

USCA11 Case: 25-11782 Document: 26-1 Date Filed: 02/06/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11782 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

ALBERTO RODRIGUEZ RODRIGUEZ, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:24-cr-20473-KMM-1 ____________________

Before ROSENBAUM, GRANT, and LUCK, 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, 1345, 1350–51 (11th Cir. USCA11 Case: 25-11782 Document: 26-1 Date Filed: 02/06/2026 Page: 2 of 2

2 Opinion of the Court 25-11782

1993) (holding that we will enforce sentence appeal waivers if they are made “knowingly and voluntarily”); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (noting that the “touchstone” for assessing if a sentence appeal waiver was made knowingly and voluntarily is whether it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances); United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (con- cluding that an appeal waiver was enforceable where the court ref- erenced the waiver provision during the plea colloquy and the de- fendant confirmed that he understood the waiver provision and en- tered into it voluntarily and freely).