UNITED STATES v. TORO (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Limones TORO, Defendant-Appellant.

No. 18-14727

Decided: May 17, 2019

Before MARCUS, ROSENBAUM and BLACK, Circuit Judges.

Todd B. Grandy, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff - Appellee Tim Bower Rodriguez, Bower Rodriguez PA, Tampa, FL, for Defendant - Appellant

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. 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. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (holding that the district court’s explanation of a waiver provision was insufficient where the court simply stated that the defendant was waiving his right to appeal the charges against him and separately noted that he might have the right to appeal his sentence under some circumstances).

PER CURIAM:

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