United States v. Cowan

Appellate Case: 24-8043 Document: 36-1 Date Filed: 10/18/2024 Page: 1

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT October 18, 2024

_________________________________

Christopher M. Wolpert

Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 24-8043

(D.C. No. 2:24-CR-00046-NDF-1) KIERAN COWAN, (D. Wyo.)

Defendant - Appellant.

_________________________________ ORDER AND JUDGMENT* _________________________________

Before HOLMES, Chief Judge, PHILLIPS and ROSSMAN, Circuit Judges.

_________________________________ Pursuant to a plea agreement containing an appellate waiver, Kieran Cowan pleaded guilty to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him within the advisory guideline range to concurrent terms of 180 months’ imprisonment followed by five years of supervised release.

Mr. Cowan appealed, and the government now moves to enforce the appellate waiver in his plea agreement. See United States v. Hahn, 359 F.3d 1315, 1328

Appellate Case: 24-8043 Document: 36-1 Date Filed: 10/18/2024 Page: 2 (10th Cir. 2004) (en banc) (per curiam). In response, Mr. Cowan “acknowledges that on direct appeal, on this record, and pursuant to this Court’s controlling precedent, id., he is not able to show that enforcement of the waiver is not warranted.” Resp. at 1.

Based on this concession, we grant the government’s motion to enforce the appellate waiver and dismiss this appeal.

Entered for the Court Per Curiam