USA v. Juan Ortiz-Lopez

Filing

Opinion issued by court as to Appellant Juan Alberto Ortiz-Lopez. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to dismiss appeal due to appeal waiver filed by Appellee USA is GRANTED. [8126424-2]; Motion to dismiss appeal as frivolous filed by Appellee USA is GRANTED. [8126424-3]. (See 07/13/2017 opinion)(FMH/CRW/JEC) The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 17-10707

Date Filed: 07/13/2017

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-10707
Non-Argument Calendar
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D.C. Docket No. 8:11-cr-00048-VMC-AAS-1

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN ALBERTO ORTIZ-LOPEZ,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(July 13, 2017)
Before HULL, WILSON and JULIE CARNES Circuit Judges.
PER CURIAM:
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) (holding that a sentence appeal waiver

Case: 17-10707

Date Filed: 07/13/2017

Page: 2 of 2

will be enforced if it was made knowingly and voluntarily); United States v.
Bascomb, 451 F.3d 1292, 1297 (11th Cir. 2006) (holding that a defendant may
knowingly and voluntarily waive his right to appeal both constitutional and nonconstitutional issues).

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