United States v. Sackett

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT January 6, 2015
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 14-6204
(D.C. No. 5:14-CR-00117-HE-1)
ANTHONY RAY SACKETT, (W.D. Okla.)
Defendant - Appellant.
ORDER AND JUDGMENT*
Before KELLY, HARTZ, and McHUGH, Circuit Judges.
After entering into a plea agreement that included a waiver of his right to
appeal, Anthony Ray Sackett pleaded guilty to one count of producing child
pornography in violation of 18 U.S.C. § 2251(a). He was sentenced to 480 months of
imprisonment, within the applicable Sentencing Guidelines range. Mr. Sackett
appealed, and the government has moved to enforce the appeal waiver under United
States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam).
*
This panel has determined that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The
case is therefore ordered submitted without oral argument. 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is not binding precedent, except under the doctrines of law of the case, res judicata,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.
Hahn sets forth three factors to evaluate an appeal waiver: “(1) whether the
disputed appeal falls within the scope of the waiver of appellate rights; (2) whether
the defendant knowingly and voluntarily waived his appellate rights; and (3) whether
enforcing the waiver would result in a miscarriage of justice.” Id. at 1325. In
response to the government’s motion, Mr. Sackett, through counsel, has declined to
dispute any of the Hahn factors and has conceded that this court should enforce the
appeal waiver.
We need not address a Hahn factor that the defendant does not dispute.
See United States v. Porter, 405 F.3d 1136, 1143 (10th Cir. 2005). In light of
Mr. Sackett’s concession, the motion to enforce is granted and this appeal is
dismissed.
Entered for the Court
Per Curiam
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