UNITED STATES OF AMERICA v. LAWRENCE LEE ANDERSON JR

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United States Court of Appeals, Tenth Circuit.

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAWRENCE LEE ANDERSON, JR., Defendant - Appellant.

No. 16-1420

    Decided: March 10, 2017

Before TYMKOVICH, Chief Judge, MATHESON and McHUGH, Circuit Judges.

ORDER AND JUDGMENT*

Lawrence Lee Anderson, Jr. accepted a plea agreement and pleaded guilty to possession of a firearm and ammunition by a felon in violation of 18 U.S.C. § 922(g)(1). He was sentenced to 48 months of imprisonment, below both the statutory maximum penalty and the advisory Sentencing Guidelines range. Although the plea agreement contained an appeal waiver, Mr. Anderson 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).

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 appellate rights; and (3) whether enforcing the waiver would result in a miscarriage of justice.” Id. at 1325. We need not address a Hahn factor that the appellant does not contest. See United States v. Porter, 405 F.3d 1136, 1143 (10th Cir. 2005).

In his response to the government's motion, Mr. Anderson, through counsel, informs the court that he does not oppose the motion. Further, he has not contested any of the Hahn factors. Accordingly, the motion to enforce is granted, and this matter is terminated.

Entered for the Court

Per Curiam

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