United States v. Alice Pence

Opinion

USCA11 Case: 24-13822 Document: 25-1 Date Filed: 02/04/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-13822 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALICE MARIE PENCE,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:24-cr-00075-SPC-NPM-1 ____________________ USCA11 Case: 24-13822 Document: 25-1 Date Filed: 02/04/2025 Page: 2 of 2

2 Opinion of the Court 24-13822

Before LUCK, LAGOA, and WILSON, 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) (appeal waiver was made knowingly and voluntarily when the district court “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. Johnson, 541 F.3d 1064, 1068 (11th Cir. 2008) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error and only extreme circumstances will require that the defendant be permitted to appeal despite the existence of a valid appeal waiver).