United States v. Jackson

Opinion

Appellate Case: 24-6088 Document: 40 Date Filed: 09/11/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT September 11, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 24-6088 (D.C. No. 5:23-CR-00305-SLP-1) STEVEN JOE WAYNE JACKSON, (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before ROSSMAN, EBEL, and FEDERICO, Circuit Judges. _________________________________

Pursuant to a plea agreement containing an appellate waiver, Steven Joe

Wayne Jackson pleaded guilty to being a felon in possession of a firearm in violation

of 18 U.S.C. § 922(g)(1). The district court sentenced him within the advisory

guideline range to 84 months’ imprisonment followed by a three-year term of

supervised release.

Mr. Jackson appealed, and the government now moves to enforce the appellate

waiver in his plea agreement. See United States v. Hahn, 359 F.3d 1315, 1328

(10th Cir. 2004) (en banc) (per curiam). In response, Mr. Jackson acknowledges that

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 24-6088 Document: 40 Date Filed: 09/11/2024 Page: 2

his appellate waiver is enforceable under Hahn and “does not object to dismissal of

this appeal.” Resp. at 1.

Based on this concession, we grant the government’s motion to enforce the

appellate waiver and dismiss this appeal.

Entered for the Court

Per Curiam