USA V. Francisco Neptali Limones Toro, No. 18-14727 (11th Cir. 2019)
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Case: 18-14727 Date Filed: 05/17/2019 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-14727 Non-Argument Calendar ________________________ D.C. Docket No. 8:18-cr-00229-MSS-CPT-3 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANCISCO LIMONES TORO, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (May 17, 2019) Before MARCUS, ROSENBAUM and BLACK, Circuit Judges. PER CURIAM: The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. United States v. Bushert, 997 Case: 18-14727 Date Filed: 05/17/2019 Page: 2 of 2 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) (holding that the district court’s explanation of a waiver provision was insufficient where the court simply stated that the defendant was waiving his right to appeal the charges against him and separately noted that he might have the right to appeal his sentence under some circumstances). 2
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