United States v. Jacob Nathaniel Nelson

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 6, 2024
• Docket: 23-11453
• Status: Unpublished

Opinion

USCA11 Case: 23-11453 Document: 29-1 Date Filed: 03/06/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-11453 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JACOB NATHANIEL NELSON,

Defendant- Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:22-cr-00119-RBD-EJK-9 ____________________ USCA11 Case: 23-11453 Document: 29-1 Date Filed: 03/06/2024 Page: 2 of 2

2 Opinion of the Court 23-11453

Before JILL PRYOR, BRASHER, and ABUDU, 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) (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) (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. Grinard- Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error).