United States v. Alphonso White

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 29, 2024
• Docket: 23-14061
• Status: Unpublished

Opinion

USCA11 Case: 23-14061 Document: 19-1 Date Filed: 08/29/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-14061 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALPHONSO WHITE,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 7:22-cr-00051-WLS-TQL-1 ____________________ USCA11 Case: 23-14061 Document: 19-1 Date Filed: 08/29/2024 Page: 2 of 2

2 Opinion of the Court 23-14061

Before GRANT, BRASHER, and ABUDU, Circuit Judges. PER CURIAM: Alphonso White appeals his 169-month sentence for posses- sion with intent to distribute fentanyl. The government has filed a motion to dismiss the appeal pursuant to the appeal waiver in White’s plea agreement. Because the written plea agreement and the Rule 11 collo- quy make clear that White knowingly and voluntarily waived his right to appeal his sentence (with exceptions not applicable here), we will enforce the appeal waiver without requiring the govern- ment to brief the merits of the appeal. See United States v. Buchanan, 131 F.3d 1005, 1008 (11th Cir. 1997); United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993). The government’s motion to dismiss this appeal is GRANTED.