U.S. Court of Appeals for the Tenth Circuit, 2008

United States v. Archuleta

U.S. Court of Appeals for the Tenth Circuit · Decided August 26, 2008 · Kelly, Lucero, Per Curiam, Tymkovich

290 F. App'x 185

Opinion

ORDER AND JUDGMENT *

PER CURIAM.

This matter is before the court on the government’s motion to enforce the appeal waiver contained in defendant’s plea agreement. The motion is filed pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc). In response, defendant concedes that the government’s motion is well taken and that the appeal should be dismissed.

Accordingly, the government’s motion is GRANTED, and the appeal is DISMISSED. The mandate shall issue forthwith.

This panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.

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