FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT July 12, 2018
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Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 18-6057
(D.C. No. 5:17-CR-00120-R-1)
RONNIE ALVIN KENNON, (W.D. Okla.)
Defendant - Appellant.
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ORDER AND JUDGMENT*
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Before BRISCOE, KELLY, and MORITZ, Circuit Judges.
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Ronnie Alvin Kennon was charged in a six-count indictment with drug
trafficking and firearm offenses. He entered into a plea agreement and pleaded guilty
to Count 1 of the Indictment, charging him with distribution of methamphetamine.
The government dismissed the remaining counts. Mr. Kennon was sentenced to
240 months’ incarceration—well below the advisory guideline range of 360 to 480
months. Although his plea agreement contained a waiver of his right to appeal his
sentence, he filed a notice of appeal.
The government then filed a motion to enforce the appeal waiver in the plea
agreement pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004)
*
This order and judgment is not binding precedent, except under the doctrines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.
(en banc) (per curiam). In response, Mr. Kennon’s counsel filed a motion to
withdraw and an Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967)
(authorizing counsel to request permission to withdraw where counsel examines case
and determines that appeal would be wholly frivolous). This court gave Mr. Kennon
an opportunity to file a pro se response to the motion to enforce. See id. The
deadline has passed and, to date, Mr. Kennon has not filed a response.
Under Anders, we have reviewed the motion and the record and we conclude
that the requirements for enforcing the appeal waiver have been satisfied. See Hahn,
359 F.3d at 1325 (describing the factors this court considers when determining
whether to enforce a waiver of appellate rights). Accordingly, we grant the motion to
enforce the appeal waiver, grant counsel’s motion to withdraw, and dismiss the
appeal.
Entered for the Court
Per Curiam
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