United States V Janer Sibaja
USCA11 Case: 25-10044 Document: 22-1 Date Filed: 07/23/2025 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-10044
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JANER ARMANDO SIBAJA,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:20-cr-00341-VMC-LSG-6
____________________
USCA11 Case: 25-10044 Document: 22-1 Date Filed: 07/23/2025 Page: 2 of 2
2 Opinion of the Court 25-10044
Before NEWSOM, BRANCH, and KIDD, 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, 1345, 1350–51 (11th Cir.
1993) (holding that we will enforce sentence appeal waivers if they
are made “knowingly and voluntarily”); United States v. Boyd,
975 F.3d 1185, 1192 (11th Cir. 2020) (noting that the “touchstone”
for assessing if a sentence appeal waiver was made knowingly and
voluntarily is whether it was clearly conveyed to the defendant that
he was giving up his right to appeal under most circumstances);
United States v. Weaver, 275 F.3d 1320, 1333 (11th Cir. 2001) (con-
cluding that an appeal waiver was enforceable where the court ref-
erenced the waiver provision during the plea colloquy and the de-
fendant confirmed that he understood the waiver provision and en-
tered into it voluntarily and freely).