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UNITED STATES of America, Plaintiff - Appellee, v. Juan PEREZ-IXTA, Defendant - Appellant.
ORDER AND JUDGMENT *
Juan Perez-Ixta pleaded guilty to illegal reentry subsequent to an aggravated felony conviction. He was sentenced to serve 70 months in prison. Although his plea agreement contained a waiver of his appellate rights, he filed a notice of appeal. The government has moved to enforce the appeal waiver in the plea agreement pursuant to United States v. Hahn, 359 F.3d 1315 (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. The government asserts that all of the Hahn conditions have been satisfied because: (1) Mr. Perez-Ixta’s appeal is within the scope of the appeal waiver; (2) he knowingly and voluntarily waived his appellate rights; and (3) enforcing the waiver would not result in a miscarriage of justice. In response to the government’s motion, Mr. Perez-Ixta, through counsel, concedes his appeal waiver is enforceable under the standard set forth in Hahn.
Based on this concession and our independent review of the record, we grant the government’s motion to enforce the appeal waiver and dismiss the appeal. This dismissal does not affect Mr. Perez-Ixta’s right to pursue post-conviction relief on the grounds permitted in his plea agreement.
Per Curiam
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Docket No: No. 19-1363
Decided: January 02, 2020
Court: United States Court of Appeals, Tenth Circuit.
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