United States v. Laner

Appellate Case: 23-1413 Document: 010111040569 Date Filed: 04/30/2024 Page: 1

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

FOR THE TENTH CIRCUIT April 30, 2024

_________________________________

Christopher M. Wolpert

Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 23-1413

(D.C. No. 1:23-CR-00031-GPG-JMC-1) CLINT WHITEFEATHER LANER, (D. Colo.)

Defendant - Appellant.

_________________________________ ORDER AND JUDGMENT* _________________________________

Before MORITZ, CARSON, and ROSSMAN, Circuit Judges.

_________________________________ Clint Whitefeather Laner pleaded guilty to possession of a firearm by a convicted felon, see 18 U.S.C. § 922(g)(1), and received a 48-month prison sentence. He then appealed from that sentence. His plea agreement contains an appeal waiver which the government now moves to enforce under United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). In response, Mr. Laner’s counsel states he “has fully discussed the government’s Motion with Mr. Laner, including his rights and options in responding to it,” and “Mr. Laner does not object to the government’s Motion.” Resp. at 1.

Appellate Case: 23-1413 Document: 010111040569 Date Filed: 04/30/2024 Page: 2

In light of Mr. Laner’s non-opposition, we grant the government’s motion to enforce and dismiss this appeal.

Entered for the Court

Per Curiam