United States v. Rico

Opinion

Appellate Case: 23-2160 Document: 010111006613 Date Filed: 02/28/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT February 28, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-2160 (D.C. No. 1:21-CR-00653-JB-1) JOSHUA RICO, a/k/a “JOSHRICO2196”, (D. N.M.) a/k/a “CHRISLUJAN2”, a/k/a “CLUJAN0420”, a/k/a “ERIKROMERO1123”,

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before HARTZ, KELLY, and McHUGH, Circuit Judges. _________________________________

Joshua Rico pleaded guilty to five counts of coercion and enticement in

violation of 18 U.S.C. § 2422(b) and received a sentence of 360 months in prison,

which was at the low end of the advisory sentencing guidelines range. Despite an

appeal waiver in his plea agreement, he filed this appeal. The government moves to

enforce the appeal waiver pursuant to United States v. Hahn, 359 F.3d 1315

(10th Cir. 2004) (en banc). In response, Mr. Rico “concedes that his appeal waiver is

enforceable under the standard set forth in Hahn.” Resp. at 2. Based on Mr. Rico’s

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-2160 Document: 010111006613 Date Filed: 02/28/2024 Page: 2

concession, we grant the government’s motion to enforce the appeal waiver and

dismiss this appeal.

Entered for the Court Per Curiam