UNITED STATES v. MEDINA (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Luis MEDINA, Defendant-Appellant.

No. 17-14341

Decided: April 30, 2018

Before WILLIAM PRYOR, JILL PRYOR and FAY, Circuit Judges. Steven E. Butler, Adam W. Overstreet, U.S. Attorney Service—Southern District of Alabama, U.S. Attorney's Office, Mobile, AL, for Plaintiff-Appellee Domingo Soto, Madden & Soto, Mobile, AL, for Defendant-Appellant

BY THE COURT:

The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Medina’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. Al-Arian, 514 F.3d 1184, 1192-93 (11th Cir. 2008) (noting that this Court is “especially dubious” of implicit promises where a plea agreement contains an integration clause and the defendant denied relying on other promises in pleading guilty).