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Home Court filings U.S. v. Daniela Rendon Eleventh Circuit Judgment and Issuance of Mandate — United States v. Daniela Rendon

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Eleventh Circuit Judgment and Issuance of Mandate — United States v. Daniela Rendon

No. 1:23-cr-20036-KMM · Doc. 98 · Docket on CourtListener

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Case 1:23-cr-20036-KMM Document 98 Entered on FLSD Docket 04/24/2024 Page 1 of 7
   USCA11 Case: 23-12924 Document: 38-1 Date Filed: 04/23/2024 Page: 1 of 1


                           UNITED STATES COURT OF APPEALS
                              FOR THE ELEVENTH CIRCUIT
                              ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
                                            56 Forsyth Street, N.W.
                                            Atlanta, Georgia 30303

  David J. Smith                                                                     For rules and forms visit
  Clerk of Court                                                                     www.ca11.uscourts.gov


                                           April 23, 2024
                                                                                       JG
  Clerk - Southern District of Florida
  U.S. District Court                                                        Apr 23, 2024
  400 N MIAMI AVE
  MIAMI, FL 33128-1810                                                                     MIAMI


  Appeal Number: 23-12924-JJ
  Case Style: USA v. Daniela Rendon
  District Court Docket No: 1:23-cr-20036-KMM-1

  A copy of this letter, and the judgment form if noted above, but not a copy of the court's
  decision, is also being forwarded to counsel and pro se parties. A copy of the court's decision
  was previously forwarded to counsel and pro se parties on the date it was issued.

  The enclosed copy of the judgment is hereby issued as mandate of the court. The court's opinion
  was previously provided on the date of issuance.

  Clerk's Office Phone Numbers
  General Information: 404-335-6100          Attorney Admissions:         404-335-6122
  Case Administration: 404-335-6135          Capital Cases:               404-335-6200
  CM/ECF Help Desk: 404-335-6125             Cases Set for Oral Argument: 404-335-6141




  Enclosure(s)
                                                                      MDT-1 Letter Issuing Mandate
Case 1:23-cr-20036-KMM Document 98 Entered on FLSD Docket 04/24/2024 Page 2 of 7
   USCA11 Case: 23-12924 Document: 38-2 Date Filed: 04/23/2024 Page: 1 of 2




                                       In the
                    United States Court of Appeals
                            For the Eleventh Circuit
                              ____________________

                                    No. 23-12924
                              ____________________

           UNITED STATES OF AMERICA,
                                                         Plaintiff-Appellee,
           versus
           DANIELA RENDON,


                                                      Defendant-Appellant.


                              ____________________

                     Appeal from the United States District Court
                         for the Southern District of Florida
                       D.C. Docket No. 1:23-cr-20036-KMM-1
                              ____________________

                                    JUDGMENT
Case 1:23-cr-20036-KMM Document 98 Entered on FLSD Docket 04/24/2024 Page 3 of 7
   USCA11 Case: 23-12924 Document: 38-2 Date Filed: 04/23/2024 Page: 2 of 2




           2                                                         23-12924

           It is hereby ordered, adjudged, and decreed that the opinion is-
           sued on this date in this appeal is entered as the judgment of this
           Court.
                                Entered: March 25, 2024
                     For the Court: DAVID J. SMITH, Clerk of Court

           ISSUED AS MANDATE: April 23, 2024
Case 1:23-cr-20036-KMM Document 98 Entered on FLSD Docket 04/24/2024 Page 4 of 7
   USCA11 Case: 23-12924 Document: 36-1 Date Filed: 03/25/2024 Page: 1 of 2




                                                      [DO NOT PUBLISH]
                                       In the
                    United States Court of Appeals
                            For the Eleventh Circuit

                              ____________________

                                    No. 23-12924
                              Non-Argument Calendar
                              ____________________

           UNITED STATES OF AMERICA,
                                                         Plaintiff-Appellee,
           versus
           DANIELA RENDON,


                                                      Defendant-Appellant.


                              ____________________

                     Appeal from the United States District Court
                         for the Southern District of Florida
                       D.C. Docket No. 1:23-cr-20036-KMM-1
                              ____________________
Case 1:23-cr-20036-KMM Document 98 Entered on FLSD Docket 04/24/2024 Page 5 of 7
   USCA11 Case: 23-12924 Document: 36-1 Date Filed: 03/25/2024 Page: 2 of 2




           2                      Opinion of the Court                  23-12924


           Before WILLIAM PRYOR, Chief Judge, and JORDAN and LAGOA, Cir-
           cuit 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 if it was made knowingly
           and voluntarily); United States v. Grinard-Henry, 399 F.3d 1294, 1296
           (11th Cir. 2005) (waiver of the right to appeal includes waiver of
           the right to appeal difficult or debatable legal issues or even blatant
           error); King v. United States, 41 F. 4th 1363, 1369 (11th Cir. 2022)
           (appeal waivers “account in advance for unpredicted future devel-
           opments in the law” (quoting Oliver v. United States, 951 F.3d 841,
           845 (7th Cir. 2020))).
Case 1:23-cr-20036-KMM Document 98 Entered on FLSD Docket 04/24/2024 Page 6 of 7
   USCA11 Case: 23-12924 Document: 36-2 Date Filed: 03/25/2024 Page: 1 of 2


                            UNITED STATES COURT OF APPEALS
                               FOR THE ELEVENTH CIRCUIT
                               ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
                                             56 Forsyth Street, N.W.
                                             Atlanta, Georgia 30303

  David J. Smith                                                                     For rules and forms visit
  Clerk of Court                                                                     www.ca11.uscourts.gov


                                           March 25, 2024

  MEMORANDUM TO COUNSEL OR PARTIES

  Appeal Number: 23-12924-JJ
  Case Style: USA v. Daniela Rendon
  District Court Docket No: 1:23-cr-20036-KMM-1

  Opinion Issued
  Enclosed is a copy of the Court's decision issued today in this case. Judgment has been entered
  today pursuant to FRAP 36. The Court's mandate will issue at a later date pursuant to FRAP
  41(b).

  Petitions for Rehearing
  The time for filing a petition for panel rehearing is governed by 11th Cir. R. 40-3, and the time
  for filing a petition for rehearing en banc is governed by 11th Cir. R. 35-2. Except as otherwise
  provided by FRAP 25(a) for inmate filings, a petition for rehearing is timely only if received in
  the clerk's office within the time specified in the rules. A petition for rehearing must include
  a Certificate of Interested Persons and a copy of the opinion sought to be reheard. See 11th
  Cir. R. 35-5(k) and 40-1.

  Costs
  No costs are taxed.

  Bill of Costs
  If costs are taxed, please use the most recent version of the Bill of Costs form available on the
  Court's website at www.ca11.uscourts.gov. For more information regarding costs, see FRAP 39
  and 11th Cir. R. 39-1.

  Attorney's Fees
  The time to file and required documentation for an application for attorney's fees and any
  objection to the application are governed by 11th Cir. R. 39-2 and 39-3.

  Appointed Counsel
  Counsel appointed under the Criminal Justice Act (CJA) must submit a voucher claiming
  compensation via the eVoucher system no later than 45 days after issuance of the mandate or
  the filing of a petition for writ of certiorari. Please contact the CJA Team at (404) 335-6167 or
Case 1:23-cr-20036-KMM Document 98 Entered on FLSD Docket 04/24/2024 Page 7 of 7
   USCA11 Case: 23-12924 Document: 36-2 Date Filed: 03/25/2024 Page: 2 of 2



  cja_evoucher@ca11.uscourts.gov for questions regarding CJA vouchers or the eVoucher
  system.

  Clerk's Office Phone Numbers
  General Information: 404-335-6100      Attorney Admissions:         404-335-6122
  Case Administration: 404-335-6135      Capital Cases:               404-335-6200
  CM/ECF Help Desk: 404-335-6125         Cases Set for Oral Argument: 404-335-6141



                                                          OPIN-1 Ntc of Issuance of Opinion


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