USA v. Jacob Nathaniel Nelson

23-11453Court of Appeals for the Eleventh Circuit6 mar 2024

Testo completo

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11453
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JACOB NATHANIEL NELSON,
Defendant- Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:22-cr-00119-RBD-EJK-9
____________________
USCA11 Case: 23-11453 Document: 29-1 Date Filed: 03/06/2024 Page: 1 of 2

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2 Opinion of the Court 23-11453
Before J ILL PRYOR , B RASHER , and ABUDU, 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) (sen-
tence appeal waiver will be enforced if it was made knowingly and
voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th Cir.
2020) (noting that the touchstone for assessing if 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); 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: 23-11453 Document: 29-1 Date Filed: 03/06/2024 Page: 2 of 2

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