Date: 05-10-2018

Case Style:

Case Number: 18-2024

Judge: Per Curiam

Court: United States Court of Appeals for the Tenth Circuit on appeal from the District of New Mexico (Dona Ana County)

Plaintiff's Attorney: Dustin C. Segovia

Defendant's Attorney: Veronica Rossman - FPD

Description: Michael Sepulveda accepted a Fed. R. Crim. P. 11(c)(1)(C) plea agreement
and pleaded guilty to one count of enticement of a minor, in violation of 18 U.S.C.
§ 2422(b), and one count of receipt of child pornography, in violation of 18 U.S.C.
§ 2252A(a)(2) and (b). He was sentenced to 25 years of imprisonment, within the
range to which the parties stipulated in the plea agreement. Although the plea
agreement contained an appeal waiver, Mr. Sepulveda appealed. The government
moves to enforce the appeal waiver under United States v. Hahn, 359 F.3d 1315,
1328 (10th Cir. 2004) (en banc) (per curiam).
2
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. We need not address a Hahn factor
that the appellant does not contest. See United States v. Porter, 405 F.3d 1136, 1143
(10th Cir. 2005).
In his response to the government’s motion, Mr. Sepulveda, through counsel,
concedes that his appeal waiver is enforceable as to this direct appeal, and he does
not contest any of the Hahn factors. Accordingly, the motion to enforce is granted,
and this matter is terminated.
Entered for the Court
Per Curiam

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: