United States v. Skyler Christopher Sanders

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 20, 2019
• Docket: 18-12560
• Status: Unpublished

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[DO NOT PUBLISH]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 ________________________

No. 18-12560 Non-Argument Calendar ________________________

D.C. Docket No. 8:17-cr-00227-JDW-JSS-2

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SKYLER CHRISTOPHER SANDERS,

Defendant-Appellant. ________________________

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

(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.