Appellate Case: 24-1329 Document: 26-1 Date Filed: 12/27/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT December 27, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 24-1329 (D.C. No. 1:23-CR-00001-DDD-1) BISHOP ALAMADAE DURAN, (D. Colo.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before TYMKOVICH, McHUGH, and FEDERICO, Circuit Judges. _________________________________

Bishop Alamadae Duran pleaded guilty to one count of transportation of child

pornography, in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1), and one count of

possession of child pornography, in violation of § 2252A(a)(5)(B) and (b)(2). The

district court sentenced him to 180 months’ imprisonment on the transportation count

and 120 months’ imprisonment on the possession count, to be served concurrently.

Although his plea agreement contains an appeal waiver, Mr. Duran appealed.

The government moves to enforce the appeal waiver under United States v. Hahn,

359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam). In response, Mr. Duran

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 24-1329 Document: 26-1 Date Filed: 12/27/2024 Page: 2

states that his counsel “acknowledges the appeal waiver is enforceable,” and that

after consulting with counsel, he “does not contest the government’s Motion to

Enforce.” Aplt. Resp. at 1. Accordingly, we grant the government’s motion to

enforce the appeal waiver and dismiss this appeal.

Entered for the Court

Per Curiam

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