USA v. Kayla Soto

Filing

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 http://www.ca11.uscourts.gov/opinions.

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[DO NOT PUBLISH]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).

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