Appellate Case: 23-2126 Document: 010110967861 Date Filed: 12/13/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT December 13, 2023 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-2126 (D.C. No. 2:22-CR-01378-KG-1) MARK ANTHONY CALZADA, (D. N.M.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before PHILLIPS, KELLY, and CARSON, Circuit Judges. _________________________________

Mark Anthony Calzada pleaded guilty to possessing a firearm and ammunition

as a felon. He received a 108-month sentence. He appeals even though his plea

agreement contained an appeal waiver. The government moves to enforce the

waiver. Mr. Calzada concedes that, on this record, he cannot “show that enforcement

of the waiver is not warranted.” Resp. at 1.

Based on the parties’ positions and our independent review of the record, we

grant the government’s motion. We dismiss this appeal. This dismissal is without

prejudice to any rights under 28 U.S.C. § 2255 that survive the plea agreement.

Entered for the Court Per Curiam

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.