United States v. Gomez

U.S. Court of Appeals for the Tenth Circuit

United States v. Gomez

Opinion

Appellate Case: 24-3192 Document: 26-1 Date Filed: 02/03/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT February 3, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 24-3192 (D.C. No. 6:23-CR-10113-JWB-1) CHAD E. GOMEZ, (D. Kan.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before HOLMES, Chief Judge, McHUGH and ROSSMAN, Circuit Judges. _________________________________

Chad E. Gomez pleaded guilty to one count of possession with intent to

distribute fentanyl, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced

him to 120 months’ imprisonment. Although his plea agreement contains an appeal

waiver, Mr. Gomez appealed.

The government moves to enforce the appeal waiver under United States v.

Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam). In response,

Mr. Gomez, having consulted with his counsel, “advises the Court and the United

States that he does not oppose the relief sought in the Motion.” Aplt. Resp. at 1.

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 24-3192 Document: 26-1 Date Filed: 02/03/2025 Page: 2

Accordingly, we grant the government’s motion to enforce the appeal waiver and

dismiss this appeal.

Entered for the Court

Per Curiam

2

Reference

Status
Unpublished