United States v. Radabaugh

FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS March 10, 2008
Elisabeth A. Shumaker
FOR THE TENTH CIRCUIT Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 08-5001
(D.C. No. 4:07-CR-106-CVE)
RICKY LEE RADABAUGH, (N.D. Okla.)
Defendant-Appellant .
ORDER AND JUDGMENT *
Before TACHA, MURPHY, and TYMKOVICH, Circuit Judges.
This matter is before the court on the government’s motion to enforce the
appeal waiver contained in defendant’s plea agreement. The motion is filed
pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc).
In response, defendant concedes that the government’s motion is well taken, and
that the appeal should be dismissed, because the appeal falls within the scope of
*
This panel has determined unanimously 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 This order and judgment is not binding precedent, except under the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.
the appeal waiver, defendant knowingly and voluntarily waived his appellate
rights, and enforcing the waiver would not result in a miscarriage of justice.
See id. at 1325.
Accordingly, the government’s motion is GRANTED, and the appeal is
DISMISSED.
ENTERED FOR THE COURT
PER CURIAM
-2-