UNITED STATES v. DIXON (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Erik N. DIXON, Jr., Defendant - Appellant.

No. 19-3149

Decided: November 12, 2019

Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges.

James A. Brown, Office of the United States Attorney, District of Kansas, Topeka, KS, for Plaintiff - Appellee Veronica S. Rossman, Office of the Federal Public Defender, Districts of Colorado and Wyoming, Denver, CO, for Defendant - Appellant

ORDER AND JUDGMENT *

Erik Dixon, Jr. pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). The district court sentenced him in accordance with the sentence recommended by the parties to 120 months’ imprisonment. Although Mr. Dixon’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. Dixon concedes that the appeal waiver is enforceable under the standards set forth in Hahn. 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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