USA v. Jeffrey Spivack

[DO NOT PUBLISH]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 Document: 47-1 Date Filed: 02/02/2023 Page: 1 of 2

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2 Opinion of the Court 21-12788
Before WILSON, L UCK , and B LACK , 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) (stat-
ing the “touchstone” for assessing whether an appeal waiver was
made knowingly and voluntarily is whether the court clearly con-
veyed to the defendant that he was giving up his right to appeal un-
der 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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