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 _________________________________ 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. _________________________________ ORDER AND JUDGMENT* _________________________________ Before LUCERO, HARTZ, and PHILLIPS, Circuit Judges. _________________________________ 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 2