USA v. Oscar Marsiglia-Barrios

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-11354
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OSCAR MARSIGLIA-BARRIOS,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:17-cr-00517-JDW-AAS-1
____________________
USCA11 Case: 22-11354 Document: 31-1 Date Filed: 05/17/2023 Page: 1 of 2

-- 1 of 2 --

2 Opinion of the Court 22-11354
Before WILSON, NEWSOM , and G RANT, 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
that 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 that a sentence appeal waiver will
be enforced if it was made knowingly and voluntarily).
USCA11 Case: 22-11354 Document: 31-1 Date Filed: 05/17/2023 Page: 2 of 2

-- 2 of 2 --