United States v. Yesid Avila Diaz - Criminal Appeal Dismissal

11th Circuit Published Opinions (CourtListener)

Filed March 12th, 2026

Detected March 13th, 2026

Summary

The Eleventh Circuit Court of Appeals granted the government's motion to dismiss the appeal of Yesid Avila Diaz. The dismissal is based on the appellant's guilty plea and sentence appeal waiver, as per established legal precedent.

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What changed

The Eleventh Circuit Court of Appeals has dismissed the appeal in United States v. Yesid Avila Diaz (Docket No. 25-12380). The court granted the government's motion, finding the appeal barred by the defendant's guilty plea and sentence appeal waiver. This decision relies on precedent established in cases such as United States v. Bushert and United States v. Grinard-Henry, which uphold the enforcement of knowing and voluntary appeal waivers.

This ruling means the defendant's appeal is terminated, and the prior sentence stands. For legal professionals and criminal defendants, this reinforces the critical importance of understanding and adhering to the terms of plea agreements and sentence appeal waivers. The court's decision highlights that such waivers, when knowingly and voluntarily made, are generally enforced, even in cases involving potentially debatable legal issues or errors.

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March 12, 2026 Get Citation Alerts Download PDF Add Note

United States v. Yesid Avila Diaz

Court of Appeals for the Eleventh Circuit

Citations: None known
Docket Number: 25-12380
Precedential Status: Non-Precedential
Nature of Suit: NEW
Opinion
Authorities (4)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Combined Opinion

USCA11 Case: 25-12380 Document: 34-1 Date Filed: 03/12/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the
United States Court of Appeals
For the Eleventh Circuit

No. 25-12380
Non-Argument Calendar

UNITED STATES OF AMERICA,
Plaintiﬀ-Appellee,
versus

YESID AVILA DIAZ,
Defendant-Appellant.

Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:17-cr-20887-KMM-4

Before JORDAN, KIDD, and ANDERSON, Circuit Judges.
PER CURIAM:
The Government’s motion to dismiss this appeal as barred
by Appellant’s guilty plea and sentence appeal waiver is
GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350-51
USCA11 Case: 25-12380 Document: 34-1 Date Filed: 03/12/2026 Page: 2 of 2

2 Opinion of the Court 25-12380

(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); United States v. Sanfilippo, 91 F.4th
1380, 1383 (11th Cir. 2024) (statute of limitations defense is a
non-jurisdictional defect because it must be asserted by a defendant
at trial); United States v. Helmich, 704 F.2d 547, 548 (11th Cir. 1983)
(defendant who pleads guilty can challenge their prosecution as
time barred only insofar as the indictment on its face shows that
the limitations period expired).