United States v. Smith

Appellate Case: 23-6188 Document: 010111004601 Date Filed: 02/23/2024 Page: 1

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

FOR THE TENTH CIRCUIT February 23, 2024

_________________________________

Christopher M. Wolpert

Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 23-6188

(D.C. No. 5:22-CR-00517-F-1) DRESHAWN EDWARD SMITH, (W.D. Okla.)

Defendant - Appellant.

_________________________________ ORDER AND JUDGMENT * _________________________________

Before HOLMES, Chief Judge, EID, and FEDERICO, Circuit Judges.

_________________________________ Dreshawn Edward Smith pleaded guilty to a drug-trafficking offense and received a sentence within the advisory sentencing guidelines range. Despite an appeal waiver in his plea agreement, he filed this appeal. The government moves to enforce the appeal waiver pursuant to United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). In response, Mr. Smith “concedes, after reviewing the record on appeal, that the appellate waiver in his Plea Agreement applies and that no exception set forth in [Hahn] negates enforcement of that waiver.” Resp. at 1. Based Appellate Case: 23-6188 Document: 010111004601 Date Filed: 02/23/2024 Page: 2 on Mr. Smith’s concession, we grant the government’s motion to enforce the appeal waiver and dismiss this appeal.

Entered for the Court

Per Curiam