UNITED STATES v. SANDOVAL VALADEZ (2019)

ORDER AND JUDGMENT *

Jose Sandoval-Valadez pleaded guilty to two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. He was sentenced to 48 months’ imprisonment, to run consecutively to an Arizona state court sentence of 12 years and 11 months that he is currently serving. Although the plea agreement contained an appeal waiver, Mr. Sandoval-Valadez 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. Mr. Sandoval-Valadez’s counsel filed a response to the government’s motion, stating a belief that there are no non-frivolous grounds to oppose the motion to enforce the appeal waiver and requesting permission to withdraw. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) (authorizing counsel to request permission to withdraw where counsel determines that appeal would be wholly frivolous). Mr. Sandoval-Valadez then filed a pro se response stating that the government’s motion to enforce the appeal waiver should be granted.

We have independently reviewed the parties’ filings and the record, and we conclude that the requirements for enforcing the appeal waiver under Hahn have been satisfied. Accordingly, we grant the motion to enforce the appeal waiver, grant counsel’s motion to withdraw, and dismiss the appeal.

Per Curiam