U.S. Court of Appeals for the Tenth Circuit, 2024

United States v. Decker

United States v. Decker
U.S. Court of Appeals for the Tenth Circuit · Decided February 5, 2024

United States v. Decker

Opinion

Appellate Case: 22-6197 Document: 010110994811 Date Filed: 02/05/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 5, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 22-6197 (D.C. No. 5:20-CR-00332-SLP-1) JOSHUA DECKER, (W.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HOLMES, Chief Judge, PHILLIPS and MORITZ, Circuit Judges. _________________________________ The government moves to enforce Joshua Decker’s appeal waiver. Through counsel, Mr. Decker “acknowledges that his appeal waiver is enforceable under the standard set out in United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc).”

Resp. at 1. Based on the parties’ positions and our independent review, we grant the motion to enforce the appeal waiver. We dismiss this appeal. This decision does not diminish any postconviction rights that Mr. Decker retained in his 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* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.

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