Appellate Case: 25-6076 Document: 28-1 Date Filed: 09/15/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT September 15, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 25-6076 (D.C. No. 5:24-CR-00278-J-1) ANTONIO BURNETT LEWIS, a/k/a (W.D. Okla.) Antonio Dean Lewis, a/k/a Antonio Keith Lewis, a/k/a Antonio Syed Lewis,

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before HARTZ, McHUGH, and EID, Circuit Judges. _________________________________

Antonio Burnett Lewis pleaded guilty to possession of a prohibited item, and the

district court sentenced him to 16 months in prison. He filed a notice of appeal.

Lewis’s plea agreement contains an appeal waiver, which the government

moves to enforce under United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004)

(en banc). In determining whether to enforce an appeal waiver under Hahn, 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

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 25-6076 Document: 28-1 Date Filed: 09/15/2025 Page: 2

appellate rights; and (3) whether enforcing the waiver would result in a miscarriage

of justice.” Id. at 1325.

The government argues that all the Hahn conditions are established here:

Lewis’s appeal is within the scope of the waiver, his waiver was knowing and

voluntary, and enforcing the waiver would not result in a miscarriage of justice.

Lewis responds through counsel that he “does not oppose the government’s motion to

enforce the appeal waiver pursuant to his plea agreement.” Resp. at 1. We therefore

grant the motion and dismiss this appeal. We also grant the government’s motion to

seal Attachment 2 to its motion to enforce.

Entered for the Court

Per Curiam

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