United States v. Earley, No. 19-1239 (10th Cir. 2019)
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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, FILED United States Court of Appeals Tenth Circuit October 18, 2019 Elisabeth A. Shumaker Clerk of Court Plaintiff - Appellee, v. JAMES EARLEY, No. 19-1239 (D.C. No. 1:18-CR-00570-PAB-1) (D. Colo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before TYMKOVICH, Chief Judge, HOLMES and PHILLIPS, Circuit Judges. _________________________________ 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 Based on this concession and This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. * our independent review of the record, we grant the government’s motion and dismiss the appeal. Entered for the Court Per Curiam 2
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