United States v. Pham

Appellate Case: 26-4029 Document: 34-1 Date Filed: 07/14/2026 Page: 1

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

FOR THE TENTH CIRCUIT July 14, 2026

_________________________________

Christopher M. Wolpert

Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 26-4029

(D.C. No. 2:22-CR-00224-HCN-1) PETER PHAM, (D. Utah)

Defendant - Appellant.

_________________________________ ORDER AND JUDGMENT * _________________________________

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

_________________________________ Pursuant to a plea agreement, Peter Pham pleaded guilty to conspiracy to distribute illegal drugs and conspiracy to commit money laundering. He was sentenced to 120 months in prison and three 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

Appellate Case: 26-4029 Document: 34-1 Date Filed: 07/14/2026 Page: 2 and voluntarily waived his appellate rights; and (3) whether enforcing the waiver would result in a miscarriage of justice.” Id. at 1325. Mr. Pham, through counsel, has acknowledged that the appeal waiver is enforceable and therefore does not oppose the government’s motion. Based on the parties’ positions, we grant the government’s motion to enforce the appeal waiver and dismiss the appeal.

Entered for the Court Per Curiam