United States v. Jonathan Garduno

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 27, 2024
• Docket: 24-10891
• Status: Unpublished

Opinion

USCA11 Case: 24-10891 Document: 28-1 Date Filed: 08/27/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-10891 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JONATHAN GARDUNO,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:22-cr-00086-SPC-NPM-1 ____________________ USCA11 Case: 24-10891 Document: 28-1 Date Filed: 08/27/2024 Page: 2 of 2

2 Opinion of the Court 24-10891

Before ROSENBAUM, JILL PRYOR, and GRANT, 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, 1191–92 (11th Cir. 2020) (enforcing sentence appeal waiver where district court in- formed defendant at change-of-plea hearing that he was giving up his right to appeal under most circumstances); United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (holding appeal waiver was enforceable when the waiver was referenced during the plea colloquy and the defendant confirmed that she understood the pro- vision and had entered into it freely and voluntarily); United States v. Gonzalez-Mercado, 808 F.2d 796, 800 n.8 (11th Cir. 1987) (recog- nizing the “strong presumption” that “statements made during the [change-of-plea] colloquy are true”).