UNITED STATES v. SOTO (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Kayla SOTO, Defendant-Appellant.

No. 17-12667

Decided: April 06, 2018

Before MARCUS, ROSENBAUM and ANDERSON, Circuit Judges.

Colin P. McDonell, U.S. Attorney Service—Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Noel Gifford Lawrence, Law Office of Noel G. Lawrence, Jacksonville, FL, for Defendant-Appellant

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) (sentence-appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Romano, 314 F.3d 1279, 1281 (11th Cir. 2002) (an argument that the government breached the plea agreement will be reviewed for plain error where it was not raised before the district court); United States v. Copeland, 381 F.3d 1101, 1104-05 (11th Cir. 2004) (sentence-appeal waiver will not foreclose a defendant’s appeal that the government breached the plea agreement at sentencing).

PER CURIAM:

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