FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT August 3, 2020
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 20-2009
(D.C. No. 2:18-CR-01254-RB-1)
ALONSO GRADO, a/k/a Lonsie, (D. N.M.)
Defendant - Appellant.
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ORDER AND JUDGMENT *
_________________________________
Before TYMKOVICH, Chief Judge, BACHARACH and CARSON, Circuit Judges.
_________________________________
Alonso Grado pleaded guilty to conspiracy to possess with intent to distribute
50 grams or more of methamphetamine, distribution of methamphetamine, and use of
a communication facility to further the commission of a drug trafficking crime. He
was sentenced to serve 180 months in prison. Although his plea agreement contained
a waiver of his appellate rights, he filed a notice of appeal. The government has
moved to enforce the appeal waiver in the plea agreement pursuant to United States
v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc) (per curiam).
*
This order and judgment is not binding precedent, except under the doctrines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. The government asserts that all of the
Hahn conditions have been satisfied because: (1) Mr. Grado’s appeal is within the
scope of the appeal waiver; (2) he knowingly and voluntarily waived his appellate
rights; and (3) enforcing the waiver would not result in a miscarriage of justice.
In response to the government’s motion, Mr. Grado concedes his appeal
waiver is enforceable under the standard set forth in Hahn. Based on this concession
and our independent review of the record, we grant the government’s motion to
enforce the appeal waiver and dismiss the appeal. This dismissal does not affect
Mr. Grado’s right to pursue post-conviction relief on the grounds permitted in his
plea agreement.
Entered for the Court
Per Curiam
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