United States v. Laverty ( 2015 )


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  •                                                              FILED
                                                     United States Court of Appeals
                        UNITED STATES COURT OF APPEALS       Tenth Circuit
    
                                  FOR THE TENTH CIRCUIT                   December 9, 2015
    
                                                                         Elisabeth A. Shumaker
                                                                             Clerk of Court
    UNITED STATES OF AMERICA,
    
          Plaintiff − Appellee,
    
    v.                                                        No. 15-5083
                                                    (D.C. No. 4:15-CR-00074-CVE-1)
    BILLY JOE LAVERTY,                                        (N.D. Okla.)
    
          Defendant − Appellant.
    
    
                                  ORDER AND JUDGMENT*
    
    
    Before HARTZ, GORSUCH, and MORITZ, Circuit Judges.
    
    
          Billy Joe Laverty was charged with two counts of Interference with Commerce
    
    by Robbery, Carjacking, and Discharging a Firearm During and in Relation to a
    
    Crime of Violence. He entered into a plea agreement with the government, which
    
    contained a waiver of his appellate rights. After he pleaded guilty pursuant to the
    
    agreement, he was sentenced to a stipulated sentence of 300 months of imprisonment.
    
    Despite the appellate waiver in his plea agreement, Mr. Laverty filed a notice of
    
    
    *
           This panel has determined that oral argument would not materially assist 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    is not binding precedent, except under the doctrines of law of the case, res judicata,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.
    appeal. The government then filed a motion to enforce the appellate waiver in
    
    Mr. Laverty’s plea agreement consistent with the procedures outlined in our decision
    
    in United States v. Hahn, 
    359 F.3d 1315
    , 1328 (10th Cir. 2004).
    
          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. Mr. Laverty has filed a response
    
    to the motion to enforce in which he “concedes that, under the standard announced in
    
    [Hahn], the appellate waiver in his plea agreement is enforceable.” Aplt. Resp. at 1.
    
    Accordingly, we grant the government’s motion and dismiss this appeal.
    
    
                                                    Entered for the Court
                                                    Per Curiam
    
    
    
    
                                              -2-
    

Document Info

DocketNumber: 15-5083

Filed Date: 12/9/2015

Precedential Status: Non-Precedential

Modified Date: 12/9/2015