United States v. Duran

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

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