UNITED STATES v. RODRIGUEZ (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Asiel RODRIGUEZ, Defendant - Appellant.

No. 19-1159

Decided: September 17, 2019

Before TYMKOVICH, Chief Judge, LUCERO and HARTZ, Circuit Judges.

Paul Farley, Office of the United States Attorney, District of Colorado, Denver, CO, for Plaintiff-Appellee William Dixon Lunn, Jr., Esq., William D. Lunn Attorney at Law, Tulsa, OK, for Defendant-Appellant

ORDER AND JUDGMENT *

Asiel Rodriguez pleaded guilty to one count of conspiracy to possess counterfeit access devices. The district court sentenced him to 48 months in prison. Although Mr. Rodriguez’s plea agreement included a 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). Mr. Rodriguez, through his counsel, 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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