United States v. Cisneros-Guerrero

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 28, 2017
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Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 17-1246
(D.C. No. 1:17-CR-00031-RM-1)
ABEL CISNEROS-GUERRERO, (D. Colo.)
Defendant - Appellant.
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ORDER AND JUDGMENT*
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Before LUCERO, HARTZ, and PHILLIPS, Circuit Judges.
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Abel Cisneros-Guerrero pleaded guilty to illegal reentry after removal in
violation of 8 U.S.C. § 1326 and was sentenced to 24 months in prison. He appeals
that sentence even though his plea agreement included a broad waiver of his appellate
rights. The government has moved to enforce the appeal waiver under United States
v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc) (per curiam). Through his
counsel, Mr. Cisneros-Guerrero concedes that the waiver bars his appeal. Based on
*
This panel has determined unanimously that oral argument would not
materially assist in 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This order and judgment is not binding precedent, except under the doctrines of law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.
this concession and our independent review of the record, we grant the government’s
motion and dismiss the appeal.
Entered for the Court
Per Curiam
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