United States v. Skyler Christopher Sanders

Opinion

Case: 18-12560 Date Filed: 03/20/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 18-12560

Non-Argument Calendar

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D.C. Docket No. 8:17-cr-00227-JDW-JSS-2 UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

SKYLER CHRISTOPHER SANDERS,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida

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(March 20, 2019)

Before JORDAN, BRANCH, and JULIE CARNES, Circuit Judges. PER CURIAM:

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Skyler Sanders’s plea agreement is GRANTED. As Sanders acknowledges in his initial brief, this Court has repeatedly upheld the

Case: 18-12560 Date Filed: 03/20/2019 Page: 2 of 2

constitutionality of appeal waivers in valid plea agreements. United States v. Bascomb, 451 F.3d 1292, 1295 (11th Cir. 2006); United States v. Howle, 166 F.3d 1166, 1169 (11th Cir. 1999). Here, Sanders’s appeal waiver is plainly enforceable. See United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 1993) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Buchanan, 131 F.3d 1005, 1008 (11th Cir. 1997) (“[W]here it is clear from the plea agreement and the [plea] colloquy . . . that the defendant knowingly and voluntarily entered into a sentence appeal waiver, that waiver should be enforced without requiring the government to brief the merits of the appeal.”).

APPEAL DISMISSED.