United States v. Montano

Appellate Case: 23-2173 Document: 010111052163 Date Filed: 05/20/2024 Page: 1

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

FOR THE TENTH CIRCUIT May 20, 2024

_________________________________

Christopher M. Wolpert

Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 23-2173

(D.C. No. 1:20-CR-01479-KWR-1) DANIEL MONTANO, (D. N.M.)

Defendant - Appellant.

_________________________________ ORDER AND JUDGMENT * _________________________________

Before McHUGH, EBEL, and CARSON, Circuit Judges.

_________________________________ Daniel Montano pleaded guilty to possession of ammunition by a convicted felon, see 18 U.S.C. § 922(g)(1), and received an 87-month prison sentence. He then appealed from that sentence. His plea agreement contains an appeal waiver that the government now moves to enforce under United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). In response, Montano’s counsel states he “has fully discussed the government’s Motion with Mr. Montano, including his rights and options in responding to it, and with Mr. Montano’s consent undersigned counsel reports that Mr. Montano does not object to the government’s Motion.” Resp. at 1. Appellate Case: 23-2173 Document: 010111052163 Date Filed: 05/20/2024 Page: 2

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

Entered for the Court

Per Curiam