UNITED STATES v. SANTOS ALEJO (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Juan Angel SANTOS-ALEJO, Defendant-Appellant.

No. 19-3117

Decided: August 26, 2019

Before HARTZ, KELLY, and BACHARACH, Circuit Judges.

James A. Brown, Office of the United States Attorney, District of Kansas, Topeka, KS, Carrie N. Capwell, Terra Morehead, Scott C. Rask, Office of the United States Attorney, District of Kansas, Kansas City, KS, Colin D. Wood, Office of the United States Attorney, District of Kansas, Wichita, KS, for Plaintiff-Appellee Megan L. Hayes, Attorney at Law, Laramie, WY, for Defendant-Appellant

ORDER AND JUDGMENT *

Juan Angel Santos-Alejo pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 50 grams or more of methamphetamine. The district court sentenced him to the statutory mandatory minimum term of 120 months in prison. Although Santos-Alejo’s plea agreement included a broad waiver of his right to appeal, he filed this appeal. The government has moved to enforce the appeal waiver under United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc) (per curiam). Through his counsel, Santos-Alejo concedes that the appeal waiver bars the appeal and no exception set forth in Hahn applies. Based on this concession and our independent review of the record, we grant the government’s motion and dismiss the appeal.

Per Curiam

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