USA v. Albert Samukia Jones Saye, No. 18-11377 (11th Cir. 2018)
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Case: 18-11377 Date Filed: 10/02/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-11377 Non-Argument Calendar ________________________ D.C. Docket No. 9:17-cr-80229-RLR-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALBERT SAMUKIA JONES SAYE, a.k.a Albert Jones, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (October 2, 2018) Before ED CARNES, Chief Judge, TJOFLAT and NEWSOM 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, Case: 18-11377 Date Filed: 10/02/2018 Page: 2 of 2 997 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) (enforcing a sentence appeal waiver where the waiver provision was referenced during the defendant’s Rule 11 plea colloquy and the defendant agreed that she understood the provision and entered into it freely and voluntarily); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (enforcing an appeal waiver where a magistrate judge specifically questioned the defendant about it during the plea colloquy, adequately explained the significance of the appeal waiver, and confirmed that the defendant understood the full significance of the appeal waiver). 2
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