[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-12826 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EVERETT JEROME TRIPODIS, a.k.a. Everett Tripodis,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:18-cr-00240-TWT-LTW-1 ____________________ USCA11 Case: 22-12826 Document: 38-1 Date Filed: 02/29/2024 Page: 2 of 10

2 Opinion of the Court 22-12826

Before WILSON, GRANT, and LAGOA, Circuit Judges. Wilson, Circuit Judge: Everett Tripodis appeals his sentence from the Northern District of Georgia. First, Tripodis argues that the government vi- olated his negotiated plea agreement by requesting imposition of supervised release when none was contemplated within the four corners of the agreement. Second, because the agreement is bind- ing on the government and the court once it is accepted, he also claims that the court erred in imposing supervised release as an ad- ditional punishment not considered in the plea agreement. After reviewing the record, and with the benefit of oral argument, we affirm. I. Background Tripodis was engaged in a coordinated scheme of stealing and reselling luxury vehicles, including Audis, Bentleys, and Cor- vettes. To resell the vehicles without being caught, Tripodis would obtain vehicle registration information (VIN) for similar automo- biles to the ones that were stolen. Tripodis would use those VINs to gain access to the similar vehicles’ associated titles. These titles would then be presented with the stolen vehicles to legitimize them for selling. Tripodis was ultimately caught, and a grand jury returned a superseding indictment charging Tripodis with five counts: (1) one count of general conspiracy in violation of 18 U.S.C. § 371; (2) three counts of interstate transport of a stolen vehicle in violation of 18 U.S.C. § 2321; and (3) one count of tampering with a VIN in USCA11 Case: 22-12826 Document: 38-1 Date Filed: 02/29/2024 Page: 3 of 10

22-12826 Opinion of the Court 3

violation of 18 U.S.C. § 511(a). After many pre-trial proceedings, Tripodis pled guilty to the conspiracy offense pursuant to a negoti- ated plea agreement. In exchange, the government agreed to dis- miss the remaining charges in the indictment. The plea agreement included a binding sentencing recom- mendation under Federal Rule of Criminal Procedure 11(c)(1)(C), requiring the district court to imprison Tripodis for 60 months “as the appropriate total custodial sentence in this case” if the court accepted the plea agreement. The agreement contained stock lan- guage regarding the statutory penalties that Tripodis was subject to under 18 U.S.C. § 371, including a supervised release penalty not to exceed three years. However, no other mention of supervised release was contained within the agreement. 1 At the plea hearing, the court established that Tripodis knew he was unde