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UNITED STATES v. MENDEZ RAMOS (2021)

United States Court of Appeals, Eleventh Circuit.2021-05-10No. No. 20-12821

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Opinion

Antonio Mendez-Ramos appeals his 210-month sentence for conspiracy to possess with intent to distribute methamphetamine. The government has moved to dismiss based on the appeal waiver contained in the plea agreement. Because we find that Mendez-Ramos knowingly and voluntarily agreed to the appeal waiver and that this appeal does not fall under any of the waivers exceptions, the governments motion to dismiss 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. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (appeal waiver was valid when the district court “referenced” it during the Rule 11 plea colloquy and the defendant “agreed that she understood the provision and that she entered into it freely and voluntarily”).

PER CURIAM: