USA v. Luis Villanueva-Rios

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 20-14087
Non-Argument Calendar
________________________
D.C. Docket No. 1:19-cr-00153-ELR-JKL-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS VILLANUEVA-RIOS,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(April 21, 2021)
Before MARTIN, ROSENBAUM, and BRANCH, Circuit Judges.
PER CURIAM:
Luis Villaneuva-Rios appeals his sentence of 121 months’ imprisonment for
two counts related to conspiring to distribute cocaine and heroin. Villanueva-Rios
argues the district court abused its discretion by not sentencing him to his
USCA11 Case: 20-14087 Date Filed: 04/22/2021 Page: 1 of 2

-- 1 of 2 --

2
requested term of 120 months’ imprisonment. The government moved to dismiss
the appeal, arguing his plea agreement contained an applicable appeal waiver.
Villanueva-Rios did not file a response.
We review de novo the validity of a sentence appeal waiver. United States
v. Johnson, 541 F.3d 1064, 1066 (11th Cir. 2008). The record confirms that
Villaneuva-Rios’s appeal waiver was knowingly and voluntarily entered, that it
applies to this appeal, and that this appeal does not fall under any of the exceptions
to the waiver.
Therefore, the government’s motion to dismiss the appeal pursuant to the
appeal waiver in Villaneuva-Rios’s plea agreement 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).
APPEAL DISMISSED.
USCA11 Case: 20-14087 Date Filed: 04/22/2021 Page: 2 of 2

-- 2 of 2 --