USCA11 Case: 21-11286 Date Filed: 09/27/2022 Page: 1 of 6 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-11286 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELVIS HAROLD REYES, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:20-cr-00111-VMC-AAS-1 ____________________ USCA11 Case: 21-11286 Date Filed: 09/27/2022 Page: 2 of 6 2 Opinion of the Court 21-11286 ____________________ No. 21-12510 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELVIS HAROLD REYES, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:20-cr-00111-VMC-AAS-1 ____________________ Before JORDAN, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: Elvis Reyes appeals his conviction and sentence for mail fraud and aggravated identity theft. He argues that the district USCA11 Case: 21-11286 Date Filed: 09/27/2022 Page: 3 of 6 21-11286 Opinion of the Court 3 court’s restitution order was not supported by sufficient evidence. We conclude that Reyes’s sentence—including the order of restitution—does not exceed the statutory maximum and does not violate the Eighth Amendment, and Reyes’s appeal is otherwise barred by the appeal waiver in his plea agreement. We therefore affirm. I. Reyes was charged in a 25-count indictment with mail fraud, making false statements on immigration forms, and aggravated identity theft. He entered into a written plea agreement in which he agreed to plead guilty to one count of mail fraud and one count of aggravated identity theft and “to make full restitution” to the victims of his offense pursuant to 18 U.S.C. §§ 3663 and 3663A, and the government agreed to move to dismiss the other charges. Reyes acknowledged that the amount of restitution would be determined by the court and would be at least $265,627. The plea agreement also provided that Reyes waived his right to appeal his sentence on any ground, unless the district court imposed a sentence above the statutory maximum or the applicable Sentencing Guidelines range, the sentence violated the Eighth Amendment, or the government appealed his sentence. After a change-of-plea hearing in which the magistrate judge discussed all the relevant provisions of the plea agreement with Reyes, the district court accepted the plea agreement and Reyes’s guilty plea. The court sentenced Reyes to 249 months in prison USCA11 Case: 21-11286 Date Filed: 09/27/2022 Page: 4 of 6 4 Opinion of the Court 21-11286 followed by three years of supervised release. It later amended the judgment to add an order of restitution in the amount of $442,368. Reyes appealed both the initial judgment and the amended judgment, and we granted his motion to consolidate these appeals. His sole argument on appeal is that that the government failed to present sufficient evidence of loss to support the full amount of restitution calculated by the district court. Reyes does not challenge the validity of the appeal waiver in his plea agreement; he contends that his argument is not barred by his appeal waiver because the restitution …
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