United States v. Vasquez-Murillo, No. 08-4174 (10th Cir. 2009)

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FILED United States Court of Appeals Tenth Circuit January 13, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff!Appellee, v. FERNANDO VASQUEZ!MURILLO, a/k/a Fernando Vasquez!Moreo, a/k/a Fernando Vasquez, a/k/a Hosea Cervantes, No. 08-4174 (D.C. No. 2:08-CR-00425-TC-1) (D. Utah) Defendant!Appellant. ORDER AND JUDGMENT * Before KELLY, LUCERO, and GORSUCH, Circuit Judges. This matter is before the court on the government s motion to enforce the appeal waiver contained in defendant s plea agreement. The motion is filed pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc). In response, defendant concedes that the government s motion is well taken * This panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. because the appeal falls within the scope of the appeal waiver, defendant knowingly and voluntarily waived his appellate rights, and enforcing the waiver would not result in a miscarriage of justice. See id. at 1325. Accordingly, the government s motion is GRANTED, and the appeal is DISMISSED. ENTERED FOR THE COURT PER CURIAM -2-

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