United States v. Anderson

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 10, 2017
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 16-1420
(D.C. No. 1:16-CR-00052-RBJ-1)
LAWRENCE LEE ANDERSON, JR., (D. Colo.)
Defendant - Appellant.
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ORDER AND JUDGMENT*
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Before TYMKOVICH, Chief Judge, MATHESON and McHUGH, Circuit Judges.
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Lawrence Lee Anderson, Jr. accepted a plea agreement and pleaded guilty to
possession of a firearm and ammunition by a felon in violation of 18 U.S.C.
§ 922(g)(1). He was sentenced to 48 months of imprisonment, below both the
statutory maximum penalty and the advisory Sentencing Guidelines range. Although
the plea agreement contained an appeal waiver, Mr. Anderson appealed. The
government moves to enforce the appeal waiver under United States v. Hahn,
359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam).
Under Hahn, we consider “(1) whether the disputed appeal falls within the
scope of the waiver of appellate rights; (2) whether the defendant knowingly and
*
This order and judgment is not binding precedent, except under the doctrines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.
voluntarily waived his appellate rights; and (3) whether enforcing the waiver would
result in a miscarriage of justice.” Id. at 1325. We need not address a Hahn factor
that the appellant does not contest. See United States v. Porter, 405 F.3d 1136, 1143
(10th Cir. 2005).
In his response to the government’s motion, Mr. Anderson, through counsel,
informs the court that he does not oppose the motion. Further, he has not contested
any of the Hahn factors. Accordingly, the motion to enforce is granted, and this
matter is terminated.
Entered for the Court
Per Curiam
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