United States v. Friend

Appellate Case: 25-5083 Document: 27-1 Date Filed: 08/18/2025 Page: 1

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

FOR THE TENTH CIRCUIT August 18, 2025

_________________________________

Christopher M. Wolpert

Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 25-5083

(D.C. No. 4:25-CR-00013-SEH-1) BRADLEY ANDREW FRIEND, (N.D. Okla.) a/k/a Bradley Andrew Schutt,

Defendant - Appellant.

_________________________________ ORDER AND JUDGMENT* _________________________________

Before HOLMES, Chief Judge, TYMKOVICH and MORITZ, Circuit Judges.

_________________________________ Pursuant to a plea agreement, Bradley Andrew Friend pleaded guilty to coercion and enticement of a minor and was sentenced to 200 months in prison followed by fifteen years of supervised release. He then filed this appeal. His plea agreement contains an appeal waiver that the government now moves to enforce. See United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam).

In evaluating such a motion, we consider: “(1) whether the disputed appeal falls within the scope of the waiver of appellate rights; (2) whether the defendant knowingly and voluntarily waived his appellate rights; and (3) whether enforcing the waiver would

Appellate Case: 25-5083 Document: 27-1 Date Filed: 08/18/2025 Page: 2 result in a miscarriage of justice . . . .” Id. at 1325. Mr. Lawrence, through counsel, has acknowledged that the appeal waiver is enforceable and therefore does not contest the government’s motion. Our independent review confirms the enforceability of the appeal waiver. Accordingly, we grant the government’s motion to enforce the appeal waiver and dismiss the appeal.

Entered for the Court Per Curiam