United States v. John, No. 23-8059 (10th Cir. 2024)

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Appellate Case: 23-8059 Document: 010111003271 Date Filed: 02/21/2024 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, Page: 1 FILED United States Court of Appeals Tenth Circuit February 21, 2024 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. DENVER LEE JOHN, SR., No. 23-8059 (D.C. No. 2:23-CR-00084-ABJ-1) (D. Wyo.) Defendant - Appellant. ––––––––––––––––––––––––––––––––––– UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DENVER LEE JOHN, SR., No. 23-8060 (D.C. No. 1:22-CR-00077-ABJ-1) (D. Wyo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before EID, CARSON, and FEDERICO, Circuit Judges. _________________________________ In the criminal case underlying appeal number 23-8059, Denver Lee John pleaded guilty to a two-count Information. In the criminal case underlying appeal * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-8059 Document: 010111003271 Date Filed: 02/21/2024 Page: 2 number 23-8060, Mr. John pleaded guilty to four counts in a superseding indictment. He entered into a plea agreement that covered both criminal cases. Despite an appeal waiver in his plea agreement, he filed these appeals, which were consolidated for procedural purposes. The government moves to enforce the appeal waiver in both appeals pursuant to United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). In response, Mr. John states he “does not contest the government’s motion.” Resp. at 1. Based on Mr. John’s non-opposition, we grant the government’s motion to enforce the appeal waiver and dismiss these appeals. Entered for the Court Per Curiam 2

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