USA v. Xavier Jermaine Davis, No. 21-12073 (11th Cir. 2021)
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USCA11 Case: 21-12073 Date Filed: 10/19/2021 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-12073 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus XAVIER JERMAINE DAVIS, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:18-cr-80195-JIC-1 ____________________ USCA11 Case: 21-12073 2 Date Filed: 10/19/2021 Opinion of the Court Page: 2 of 2 21-12073 Before JILL PRYOR, BRANCH, and LUCK, 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, 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. Boyd, 975 F.3d 1185, 1190, 1192 (11th Cir. 2020) (sentence appeal waiver was knowing and voluntary where district court specifically questioned defendant about the waiver during the plea colloquy).
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