USA v. Deiby Ferney Torres-Vallecilla, No. 23-12399 (11th Cir. 2024)
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USCA11 Case: 23-12399 Document: 35-1 Date Filed: 04/25/2024 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12399 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plainti -Appellee, versus DEIBY FERNEY TORRES-VALLECILLA, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:19-cr-00053-CEH-AAS-2 ____________________ USCA11 Case: 23-12399 2 Document: 35-1 Date Filed: 04/25/2024 Opinion of the Court Page: 2 of 2 23-12399 Before WILLIAM PRYOR, Chief Judge, and JORDAN and LAGOA, 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) (sentence 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 alterations omitted)); United States v. Bascomb, 451 F.3d 1292, 1296–97 (11th Cir. 2006) (a “vigorous” dispute during sentencing does not preserve that issue for appeal when it does not fall under an exception to the appeal waiver); 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).
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