United States v. Gomez

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.

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