Appellate Case: 23-6188 Document: 010111004601 Date Filed: 02/23/2024 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT February 23, 2024
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Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 23-6188
(D.C. No. 5:22-CR-00517-F-1)
DRESHAWN EDWARD SMITH, (W.D. Okla.)
Defendant - Appellant.
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ORDER AND JUDGMENT *
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Before HOLMES, Chief Judge, EID, and FEDERICO, Circuit Judges.
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Dreshawn Edward Smith pleaded guilty to a drug-trafficking offense and
received a sentence within the advisory sentencing guidelines range. Despite an
appeal waiver in his plea agreement, he filed this appeal. The government moves to
enforce the appeal waiver pursuant to United States v. Hahn, 359 F.3d 1315, 1328
(10th Cir. 2004) (en banc). In response, Mr. Smith “concedes, after reviewing the
record on appeal, that the appellate waiver in his Plea Agreement applies and that no
exception set forth in [Hahn] negates enforcement of that waiver.” Resp. at 1. Based
*
This order and judgment is not binding precedent, except under the doctrines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.
Appellate Case: 23-6188 Document: 010111004601 Date Filed: 02/23/2024 Page: 2
on Mr. Smith’s concession, we grant the government’s motion to enforce the appeal
waiver and dismiss this appeal.
Entered for the Court
Per Curiam
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