United States v. Jose Paralta-Sanchez

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 28, 2023
• Docket: 23-11608
• Status: Unpublished

Opinion

USCA11 Case: 23-11608 Document: 35-1 Date Filed: 11/28/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-11608 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE PARALTA-SANCHEZ, a.k.a. Nano,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:20-cr-00233-SDG-LTW-12 USCA11 Case: 23-11608 Document: 35-1 Date Filed: 11/28/2023 Page: 2 of 2

2 Opinion of the Court 23-11608

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) (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) (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 refer- enced during the change-of-plea hearing and the defendant agreed that he understood and entered into the waiver freely and volun- tarily).