United States v. Jose Paralta-Sanchez

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 23-11608

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE PARALTA-SANCHEZ, a.k.a. Nano,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:20-cr-00233-SDG-LTW-12

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2 Opinion of the Court 23-11608

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Before JILL PRYOR, BRANCH, and BRASHER, 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) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (sentence appeal waiver will be enforced where “it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances” (quotation marks and brackets omitted)); United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (sentence appeal waiver will be enforced where it was referenced during the change-of-plea hearing and the defendant agreed that he understood and entered into the waiver freely and voluntarily ).