U.S. v. ARCHULETA, 290 Fed.Appx. 185 (10th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin ARCHULETA, Defendant-Appellant.

No. 08-4037.United States Court of Appeals, Tenth Circuit.
August 26, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Diana Hagen, Office of the United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Steven B. Killpack, Federal Public Defender, Office of the Federal Defender, Salt Lake City, UT, for Defendant-Appellant.

Before KELLY, LUCERO, and TYMKOVICH, Circuit Judges.

ORDER AND JUDGMENT[*]

[*] 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.

PER CURIAM.

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 and that the appeal should be dismissed.

Accordingly, the government’s motion is GRANTED, and the appeal is DISMISSED. The mandate shall issue forthwith.