Appellate Case: 23-1184 Document: 010110967076 Date Filed: 12/12/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT December 12, 2023 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-1184 (D.C. No. 1:20-CR-00292-WJM-2) AZUSENA MARIBEL SIERRA, (D. Colo.) a/k/a Suzy,

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MORITZ, EBEL, and KELLY, Circuit Judges. _________________________________

Azusena Maribel Sierra pleaded guilty to one count of conspiracy to distribute

heroin and one count of conspiracy to commit money laundering. She was sentenced

to 288 months’ imprisonment. Although her plea agreement contained a waiver of

her appellate rights, she filed a notice of appeal. The government has moved to

enforce the appeal waiver in the plea agreement pursuant to United States v. Hahn,

359 F.3d 1315 (10th Cir. 2004) (en banc).

Under Hahn, we consider “(1) whether the disputed appeal falls within the

scope of the waiver of appellate rights; (2) whether the defendant knowingly and

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-1184 Document: 010110967076 Date Filed: 12/12/2023 Page: 2

voluntarily waived his appellate rights; and (3) whether enforcing the waiver would

result in a miscarriage of justice.” Id. at 1325.

In response to the government’s motion, Ms. Sierra, through counsel,

“concedes that the appeal waiver contained in her Plea Agreement applies and that no

exception set forth in [Hahn] negates enforcement of that waiver.” Resp. at 1. Based

on this concession, we grant the government’s motion to enforce the appeal waiver

and dismiss the appeal.

Entered for the Court Per Curiam

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