Full text
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13241
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC GILLESPIE,
a.k.a. E,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
D.C. Docket No. 3:21-cr-00029-CAR-CHW-4
USCA11 Case: 23-13241 Document: 35-1 Date Filed: 04/04/2024 Page: 1 of 2
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2 Opinion of the Court 23-13241
____________________
Before J ORDAN, GRANT, and L AGOA , 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, 1345, 1350–51 (11th Cir.
1993) (sentence appeal waivers are enforceable if made knowingly
and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th
Cir. 2020) (“touchstone” for assessing whether a sentence appeal
waiver was made knowingly and voluntarily is whether it was
clearly conveyed to the defendant that he was giving up his right
to appeal under most circumstances).
USCA11 Case: 23-13241 Document: 35-1 Date Filed: 04/04/2024 Page: 2 of 2
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