United States v. Montano

• Court: Court of Appeals for the Tenth Circuit
• Decided: May 20, 2024
• Docket: 23-2173
• Status: Unpublished

Opinion

Appellate Case: 23-2173 Document: 010111052163 Date Filed: 05/20/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT May 20, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-2173 (D.C. No. 1:20-CR-01479-KWR-1) DANIEL MONTANO, (D. N.M.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before McHUGH, EBEL, and CARSON, Circuit Judges. _________________________________

Daniel Montano pleaded guilty to possession of ammunition by a convicted

felon, see 18 U.S.C. § 922(g)(1), and received an 87-month prison sentence. He then

appealed from that sentence. His plea agreement contains an appeal waiver that the

government now moves to enforce under United States v. Hahn, 359 F.3d 1315, 1328

(10th Cir. 2004) (en banc). In response, Montano’s counsel states he “has fully

discussed the government’s Motion with Mr. Montano, including his rights and

options in responding to it, and with Mr. Montano’s consent undersigned counsel

reports that Mr. Montano does not object to the government’s Motion.” Resp. at 1.

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-2173 Document: 010111052163 Date Filed: 05/20/2024 Page: 2

In light of Montano’s non-opposition, we grant the government’s motion to

enforce and dismiss this appeal.

Entered for the Court

Per Curiam