USA v. Javier Sanchez Mendoza, Jr.

22-11273Court of Appeals for the Eleventh CircuitNov 22, 2022

Full text

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-11273
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER SANCHEZ MENDOZA, JR.,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Georgia
D.C. Docket No. 2:21-cr-00034-LGW-BWC-1
____________________
USCA11 Case: 22-11273 Date Filed: 11/22/2022 Page: 1 of 2

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2 Opinion of the Court 22-11273
Before JORDAN, BRANCH, and BRASHER, 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. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (stat-
ing that the “touchstone” for assessing whether an appeal waiver
was made knowingly and voluntarily is whether the court clearly
conveyed to the defendant that he was giving up his right to ap-
peal under most circumstances);
United States v. Bushert, 997 F.2d
1343, 1350-51 (11th Cir. 1993) (stating that a sentence appeal waiver
will be enforced if it was made knowingly and voluntarily).
USCA11 Case: 22-11273 Date Filed: 11/22/2022 Page: 2 of 2

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