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

United States v. Gullett

United States v. Gullett
U.S. Court of Appeals for the Tenth Circuit · Decided March 12, 2024

United States v. Gullett

Opinion

Appellate Case: 23-5102 Document: 010111014034 Date Filed: 03/12/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 12, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 23-5102 (D.C. No. 4:21-CR-00324-GKF-1) DUSTIN JAMES GULLETT, (N.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, EBEL, and KELLY, Circuit Judges. _________________________________ Dustin James Gullett pleaded guilty to coercion and enticement of a minor 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 and dismiss the appeal pursuant to United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). Mr. Gullett responds that he does not object to the government’s motion. Based on Mr. Gullett’s non-opposition, we grant the government’s motion to enforce the appeal waiver and dismiss this appeal.

Entered for the Court Per Curiam * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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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