USA v. Antonio Mendez-Ramos

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 20-12821
Non-Argument Calendar
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D.C. Docket No. 5:17-cr-00013-MTT-CHW-8
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO MENDEZ-RAMOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Georgia
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(May 10, 2021)
Before GRANT, LAGOA, and BRASHER, Circuit Judges.
PER CURIAM:
Antonio Mendez-Ramos appeals his 210-month sentence for conspiracy to
possess with intent to distribute methamphetamine. The government has moved to
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dismiss based on the appeal waiver contained in the plea agreement. Because we
find that Mendez-Ramos knowingly and voluntarily agreed to the appeal waiver
and that this appeal does not fall under any of the waiver’s exceptions, the
government’s motion to dismiss is GRANTED. 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. Weaver, 275 F.3d 1320,
1333 (11th Cir. 2001) (appeal waiver was valid when the district court
“referenced” it during the Rule 11 plea colloquy and the defendant “agreed that she
understood the provision and that she entered into it freely and voluntarily”).
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