USA v. Kayla Soto


Opinion issued by court as to Appellant Kayla Soto. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to dismiss appeal due to appeal waiver filed by Appellee USA is GRANTED. [8296752-2] (See 04/06/2018 opinion)(SM/RSR/RLA) . The opinion is also available through the Court's Opinions page at this link

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Case: 17-12667 Date Filed: 04/06/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-12667 Non-Argument Calendar ________________________ D.C. Docket No. 3:16-cr-00095-BJD-MCR-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KAYLA SOTO, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (April 6, 2018) Before MARCUS, ROSENBAUM and ANDERSON, 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) (sentence-appeal waiver will be enforced Case: 17-12667 Date Filed: 04/06/2018 Page: 2 of 2 if it was made knowingly and voluntarily); United States v. Romano, 314 F.3d 1279, 1281 (11th Cir. 2002) (an argument that the government breached the plea agreement will be reviewed for plain error where it was not raised before the district court); United States v. Copeland, 381 F.3d 1101, 1104-05 (11th Cir. 2004) (sentence-appeal waiver will not foreclose a defendant’s appeal that the government breached the plea agreement at sentencing). 2

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