United States v. Dilworth ( 2023 )

Appellate Case: 23-1003 Document: 010110830019 Date Filed: 03/21/2023 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 21, 2023
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Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 23-1003
(D.C. No. 1:21-CR-00316-DDD-1)
ANTHONY GORDAN DILWORTH, (D. Colo.)
a/k/a Cong,
Defendant - Appellant.
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ORDER AND JUDGMENT*
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Before HOLMES, Chief Judge, EID and CARSON, Circuit Judges.
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Anthony Gordan Dilworth pleaded guilty to being a felon in possession of a
firearm and ammunition and received a 63-month prison sentence. He has appealed
from that sentence, but his plea agreement contains an appeal waiver. The
government now moves to enforce that waiver under United States v. Hahn, 359 F.3d
1315, 1328 (10th Cir. 2004) (en banc). Dilworth has filed a response through
counsel, and he concedes the appeal waiver is enforceable.
*
This order and judgment is not binding precedent, except under the doctrines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: 23-1003 Document: 010110830019 Date Filed: 03/21/2023 Page: 2
When deciding a motion to enforce an appeal waiver, we normally ask:
“(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. But we need not address those factors because Dilworth’s concession
includes a statement that the Hahn factors do not negate the appeal waiver. See
United States v. Porter, 405 F.3d 1136, 1143 (10th Cir. 2005) (noting that court need
not address uncontested Hahn factors).
We grant the government’s motion and dismiss this appeal.
Entered for the Court
Per Curiam
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