Appellate Case: 23-1003 Document: 010110830019 Date Filed: 03/21/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT March 21, 2023 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-1003 (D.C. No. 1:21-CR-00316-DDD-1) ANTHONY GORDAN DILWORTH, (D. Colo.) a/k/a Cong,

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before HOLMES, Chief Judge, EID and CARSON, Circuit Judges. _________________________________

Anthony Gordan Dilworth pleaded guilty to being a felon in possession of a

firearm and ammunition and received a 63-month prison sentence. He has appealed

from that sentence, but his plea agreement contains an appeal waiver. The

government now moves to enforce that waiver under United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). Dilworth has filed a response through

counsel, and he concedes the appeal waiver is enforceable.

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 23-1003 Document: 010110830019 Date Filed: 03/21/2023 Page: 2

When deciding a motion to enforce an appeal waiver, we normally ask:

“(1) whether the disputed appeal falls within the scope of the waiver of appellate

rights; (2) whether the defendant knowingly and voluntarily waived his appellate

rights; and (3) whether enforcing the waiver would result in a miscarriage of justice.”

Id. at 1325. But we need not address those factors because Dilworth’s concession

includes a statement that the Hahn factors do not negate the appeal waiver. See

United States v. Porter, 405 F.3d 1136, 1143 (10th Cir. 2005) (noting that court need

not address uncontested Hahn factors).

We grant the government’s motion and dismiss this appeal.

Entered for the Court Per Curiam

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