United States v. Santos-Alejo, No. 19-3117 (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 August 26, 2019 Elisabeth A. Shumaker Clerk of Court Plaintiff - Appellee, v. JUAN ANGEL SANTOS-ALEJO, No. 19-3117 (D.C. No. 2:16-CR-20031-CM-7) (D. Kan.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HARTZ, KELLY, and BACHARACH, Circuit Judges. _________________________________ Juan Angel Santos-Alejo pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 50 grams or more of methamphetamine. The district court sentenced him to the statutory mandatory minimum term of 120 months in prison. Although Santos-Alejo’s plea agreement included a broad 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, Santos-Alejo concedes that the appeal waiver bars the appeal and no exception set forth in Hahn applies. Based on this concession This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. * and 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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