UNITED STATES v. EARLEY (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. James EARLEY, Defendant - Appellant.

No. 19-1239

Decided: October 18, 2019

Before TYMKOVICH, Chief Judge, HOLMES and PHILLIPS, Circuit Judges.

ORDER AND JUDGMENT *

James Earley pleaded guilty to one count of concealment of an event affecting entitlement to social security benefits. The district court sentenced him to three years’ probation. Although Mr. Earley'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). Through his counsel, Mr. Earley concedes that the appeal waiver bars this 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