USA v. Deiby Ferney Torres-Vallecilla

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12399
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEIBY FERNEY TORRES-VALLECILLA,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:19-cr-00053-CEH-AAS-2
____________________
USCA11 Case: 23-12399 Document: 35-1 Date Filed: 04/25/2024 Page: 1 of 2

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2 Opinion of the Court 23-12399
Before WILLIAM PRYOR , Chief Judge, and J ORDAN and L AGOA , Cir-
cuit 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 waiver will be enforced if it was made
knowingly and voluntarily); United States v. Boyd, 975 F.3d 1185,
1192 (11th Cir. 2020) (sentence appeal waiver will be enforced
where “it was clearly conveyed to the defendant that he was giving
up his right to appeal under most circumstances” (quotation marks
and alterations omitted)); United States v. Bascomb, 451 F.3d 1292,
1296–97 (11th Cir. 2006) (a “vigorous” dispute during sentencing
does not preserve that issue for appeal when it does not fall under
an exception to the appeal waiver); United States v. Grinard-Henry,
399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal
includes waiver of the right to appeal difficult or debatable legal
issues or even blatant error).
USCA11 Case: 23-12399 Document: 35-1 Date Filed: 04/25/2024 Page: 2 of 2

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