United States v. Skyler Christopher Sanders ( 2019 )


Menu:
  •               Case: 18-12560     Date Filed: 03/20/2019   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 18-12560
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 8:17-cr-00227-JDW-JSS-2
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    SKYLER CHRISTOPHER SANDERS,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Middle District of Florida
    ________________________
    (March 20, 2019)
    Before JORDAN, BRANCH, and JULIE CARNES, Circuit Judges.
    PER CURIAM:
    The Government’s motion to dismiss this appeal pursuant to the appeal
    waiver in Skyler Sanders’s plea agreement is GRANTED. As Sanders
    acknowledges in his initial brief, this Court has repeatedly upheld the
    Case: 18-12560     Date Filed: 03/20/2019   Page: 2 of 2
    constitutionality of appeal waivers in valid plea agreements. United States v.
    Bascomb, 
    451 F.3d 1292
    , 1295 (11th Cir. 2006); United States v. Howle, 
    166 F.3d 1166
    , 1169 (11th Cir. 1999). Here, Sanders’s appeal waiver is plainly enforceable.
    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. Buchanan, 
    131 F.3d 1005
    , 1008 (11th Cir. 1997) (“[W]here it is clear
    from the plea agreement and the [plea] colloquy . . . that the defendant knowingly
    and voluntarily entered into a sentence appeal waiver, that waiver should be
    enforced without requiring the government to brief the merits of the appeal.”).
    APPEAL DISMISSED.
    2