United States v. Yesid Avila Diaz

Opinion

USCA11 Case: 25-12380 Document: 34-1 Date Filed: 03/12/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12380 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

YESID AVILA DIAZ, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:17-cr-20887-KMM-4 ____________________

Before JORDAN, KIDD, and ANDERSON, Circuit Judges. PER CURIAM: The Government’s motion to dismiss this appeal as barred by Appellant’s guilty plea and sentence appeal waiver is GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350-51 USCA11 Case: 25-12380 Document: 34-1 Date Filed: 03/12/2026 Page: 2 of 2

2 Opinion of the Court 25-12380

(11th Cir. 1993) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error); United States v. Sanfilippo, 91 F.4th 1380, 1383 (11th Cir. 2024) (statute of limitations defense is a non-jurisdictional defect because it must be asserted by a defendant at trial); United States v. Helmich, 704 F.2d 547, 548 (11th Cir. 1983) (defendant who pleads guilty can challenge their prosecution as time barred only insofar as the indictment on its face shows that the limitations period expired).