United States v. Vanduker, No. 20-4021 (10th Cir. 2020)
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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 July 14, 2020 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. STEPHANIE SUZANNE VANDUKER, No. 20-4021 (D.C. No. 4:19-CR-00079-DN-1) (D. Utah) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before BRISCOE, MORITZ, and CARSON, Circuit Judges. _________________________________ Stephanie Suzanne Vanduker pleaded guilty to possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). She was sentenced to serve 96 months in prison. Although her plea agreement contained a waiver of her appellate rights, she 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the scope of the waiver of appellate rights; (2) whether the defendant knowingly and * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. voluntarily waived [her] 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) Ms. Vanduker’s appeal is within the scope of the appeal waiver; (2) she knowingly and voluntarily waived her appellate rights; and (3) enforcing the waiver would not result in a miscarriage of justice. In response to the government’s motion, Ms. Vanduker concedes her 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 Ms. Vanduker’s right to pursue post-conviction relief on the grounds permitted in her plea agreement. Entered for the Court Per Curiam 2
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