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Azusena Sierra pled guilty to one count of conspiracy to distribute heroin and one count of conspiracy to commit money laundering. She was sentenced to 288 months in prison. Although her plea agreement contained a waiver of her appellate rights, she filed a notice of appeal. The government moved to enforce the appeal waiver in the plea agreement under the 10th Circuit Court of Appeals case United States v. Hahn.
Under Hahn, the 10th Circuit considered “whether the disputed appeal falls within the scope of the waiver of appellate rights; whether the defendant knowingly and voluntarily waived his appellate rights; and whether enforcing the waiver would result in a miscarriage of justice.”
In response to the government’s motion, Sierra, through counsel, “[conceded] that the appeal waiver contained in her Plea Agreement applies and that no exception set forth in [Hahn] negates enforcement of that waiver.”
Based on this concession, and after evaluation, the 10th Circuit granted the government’s motion to enforce the appeal waiver and dismissed the appeal.