FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT April 5, 2018
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 18-1021
(D.C. No. 1:16-CR-00054-WJM-1)
HEATHER CARR, (D. Colo.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before TYMKOVICH, Chief Judge, BRISCOE and O’BRIEN, Circuit Judges.
_________________________________
Heather Carr accepted a plea agreement and pleaded guilty to one count of
conspiracy to defraud the government with respect to claims, in violation of
18 U.S.C. § 286. She was sentenced to 57 months of imprisonment. Although the
plea agreement contained an appeal waiver, Ms. Carr 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).
*
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This order and judgment is not binding precedent, except under the doctrines of law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.
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
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 her response to the government’s motion, Ms. Carr, through counsel,
concedes that her appeal waiver is enforceable as to this direct appeal, and she does
not contest any of the Hahn factors. Accordingly, the motion to enforce is granted,
and this matter is terminated.
Entered for the Court
Per Curiam
2