United States v. Jeffrey Spivack

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 2, 2023
• Docket: 21-12788
• Status: Unpublished

Opinion

USCA11 Case: 21-12788 Document: 47-1 Date Filed: 02/02/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 21-12788 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JEFFREY SPIVACK,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:21-cr-80016-KAM-1 ____________________ USCA11 Case: 21-12788 Document: 47-1 Date Filed: 02/02/2023 Page: 2 of 2

2 Opinion of the Court 21-12788

Before WILSON, LUCK, 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. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (stat- ing the “touchstone” for assessing whether an appeal waiver was made knowingly and voluntarily is whether the court clearly con- veyed to the defendant that he was giving up his right to appeal un- der most circumstances);United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (stating a sentence appeal waiver will be enforced if it was made knowingly and voluntarily).