United States v. Derick Yamir Perez Diaz

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

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No. 25-10758

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

DERICK YAMIR PEREZ DIAZ, Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:24-cr-00100-CEM-DCI-2

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Before JORDAN, JILL PRYOR, and BRANCH, 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)

2

2 Opinion of the Court 25-10758

(holding that a sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Bascomb, 451 F.3d 1292, 1295-97 (11th Cir. 2006) (explaining that a district court lacks power to modify a plea agreement’s terms through its statements at sentencing, including any appeal waiver included in the plea agreement).