United States v. Orlando Matthews

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 24-13937

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ORLANDO MATTHEWS,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:24-cr-00266-TWT-1

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2

2 Opinion of the Court 24-13937

Before WILLIAM PRYOR, Chief Judge, and JORDAN and LUCK, 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, 1345, 1350–51 (11th Cir. 1993) (holding that we will enforce sentence appeal waivers if they are made knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (holding 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).