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United States Court of Appeals, Eleventh Circuit.

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

No. 18-13515

Decided: April 22, 2019

Before NEWSOM, BRANCH and JULIE CARNES, Circuit Judges. Peter J. Sholl, David Charles Waterman, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Lee Hollander, Law Offices of Hollander & Hanuka, Naples, 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. DiFalco, 837 F.3d 1207, 1213, 1220-21 (11th Cir. 2016) (holding the district court’s explanation sufficient where it explained the appeal rights the defendant would ordinarily have, the appeal rights being waived, and the exceptions to the waiver during the plea colloquy).


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