United States v. Smith

Opinion

Appellate Case: 23-6188 Document: 010111004601 Date Filed: 02/23/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT February 23, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-6188 (D.C. No. 5:22-CR-00517-F-1) DRESHAWN EDWARD SMITH, (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before HOLMES, Chief Judge, EID, and FEDERICO, Circuit Judges. _________________________________

Dreshawn Edward Smith pleaded guilty to a drug-trafficking offense and

received a sentence within 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, 1328

(10th Cir. 2004) (en banc). In response, Mr. Smith “concedes, after reviewing the

record on appeal, that the appellate waiver in his Plea Agreement applies and that no

exception set forth in [Hahn] negates enforcement of that waiver.” Resp. at 1. Based

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-6188 Document: 010111004601 Date Filed: 02/23/2024 Page: 2

on Mr. Smith’s concession, we grant the government’s motion to enforce the appeal

waiver and dismiss this appeal.

Entered for the Court

Per Curiam