United States v. Dixon

Opinion

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT November 12, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 19-3149 (D.C. No. 6:17-CR-10101-EFM-1) ERIK N. DIXON, JR., (D. Kan.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges. _________________________________

Erik Dixon, Jr. pleaded guilty to one count of possession of a firearm in

furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i).

The district court sentenced him in accordance with the sentence recommended by

the parties to 120 months’ imprisonment. Although Mr. Dixon’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. Dixon concedes

that the appeal waiver is enforceable under the standards set forth in Hahn. Based on

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. this concession and our independent review of the record, we grant the government’s

motion and dismiss the appeal.

Entered for the Court Per Curiam