Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. JOSE MIGUEL DE PAZ TOVILLA

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-07-24 Docket: 1:24-cr-00181-TFM-MU-2 The eleventh-circuit granted the government’s motion to dismiss Jose Miguel De Paz Tovilla’s appeal, holding that his plea agreement’s appeal waiver was enforceable and barred his challenge to his 135-month sentence. The court applied de novo review to determine the validity of the waiver, enforcing it because the record established that Tovilla knowingly and voluntarily waived his right to appeal, evidenced by his signed certification reviewing the agreement with counsel and his confirmation during the plea colloquy that he understood the waiver’s terms. The court found that enforcement did not result in a miscarriage of justice, as Tovilla failed to demonstrate egregious error, and noted that none of the specific exceptions to the waiver applied because his sentence was below the statutory maximum, at the bottom of the guidelines range, and unchallenged on grounds of ineffective assistance of counsel. The practical consequence is that the appeal is dismissed, leaving the district court’s judgment and sentence in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.