USA v. Jeffrey Spivack, No. 21-12788 (11th Cir. 2023)
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The court issued a subsequent related opinion or order on March 22, 2023.
The court issued a subsequent related opinion or order on August 15, 2023.
The court issued a subsequent related opinion or order on November 9, 2023.
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USCA11 Case: 21-12788 Document: 47-1 Date Filed: 02/02/2023 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-12788 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JEFFREY SPIVACK, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:21-cr-80016-KAM-1 ____________________ USCA11 Case: 21-12788 2 Document: 47-1 Date Filed: 02/02/2023 Opinion of the Court Page: 2 of 2 21-12788 Before WILSON, LUCK, 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. See United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir. 2020) (stating 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 a sentence appeal waiver will be enforced if it was made knowingly and voluntarily).
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