UNITED STATES v. ALVAREZ (2018)

ORDER AND JUDGMENT *

Raymond Vincent Alvarez pleaded guilty to possession of a firearm by a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1). He was sentenced to 51 months of imprisonment, which was within both the statutory range and the advisory guideline range estimated in the plea agreement and used at sentencing. Although the plea agreement contained an appeal waiver, Mr. Alvarez 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 response to the government’s motion, Mr. Alvarez, through counsel, concedes that his appeal waiver is enforceable as to this direct appeal, and he does not contest any of the Hahn factors. Accordingly, the motion to enforce is granted, and this matter is terminated.

Per Curiam