UNITED STATES v. CARR (2018)

ORDER AND JUDGMENT *

Heather Carr accepted a plea agreement and pleaded guilty to one count of conspiracy to defraud the government with respect to claims, in violation of 18 U.S.C. § 286. She was sentenced to 57 months of imprisonment. Although the plea agreement contained an appeal waiver, Ms. Carr 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 her response to the government’s motion, Ms. Carr, through counsel, concedes that her appeal waiver is enforceable as to this direct appeal, and she does not contest any of the Hahn factors. Accordingly, the motion to enforce is granted, and this matter is terminated.

Per Curiam