United States v. Alieski Ramirez

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 11, 2025
• Docket: 24-10485
• Status: Unpublished

Opinion

USCA11 Case: 24-10485 Document: 54-1 Date Filed: 03/11/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-10485 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALIESKI CRUZ RAMIREZ,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:21-cr-20465-PCH-1 ____________________ USCA11 Case: 24-10485 Document: 54-1 Date Filed: 03/11/2025 Page: 2 of 2

2 Opinion of the Court 24-10485

Before JILL PRYOR, BRASHER, and BLACK, 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, 1333 (11th Cir. 2001) (an appeal waiver is enforceable when the waiver was refer- enced during the plea colloquy and the defendant confirmed that he understood the provision and had entered into it freely and vol- untarily); United States v. Medlock, 12 F.3d 185, 187 (11th Cir. 1994) (there is a strong presumption the defendant’s statements during a plea colloquy are true).