USA v. Javier Sanchez Mendoza, Jr., No. 22-11273 (11th Cir. 2022)

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USCA11 Case: 22-11273 Date Filed: 11/22/2022 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-11273 Non-Argument Calendar ____________________ UNITED STATES OF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 2 Date Filed: 11/22/2022 Opinion of the Court Page: 2 of 2 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) (stating 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 appeal 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).

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