United States v. Jenkins , 608 F. App'x 710 ( 2015 )

FILED
United States Court of Appeals
Tenth Circuit
July 1, 2015
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
TENTH CIRCUIT Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 14-7103
v. (D.C. No. 6:14-CR-00014-RAW-1)
(E.D. Okla.)
JAMES HOWARD JENKINS, II,
Defendant - Appellant.
ORDER AND JUDGMENT *
Before GORSUCH, McKAY, and BACHARACH, Circuit Judges.
James Howard Jenkins, II pleaded guilty to a federal drug offense and
expressly waived his right to appeal any sentence up to the statutory maximum.
After being sentenced Mr. Jenkins promptly appealed and before us complains
that the district court shouldn’t have imposed a certain condition of supervised
release. But the condition — which is of course part of his sentence, see United
States v. Sandoval, 477 F.3d 1204, 1207 (10th Cir. 2007) — plainly lies within
*
After examining the briefs and appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2) and 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order and judgment is not binding precedent except under the doctrines of law of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.
the scope of his appellate waiver, Mr. Jenkins never claims the waiver was not
knowing or voluntary, and we discern no miscarriage of justice in enforcing it.
See United States v. Hahn, 359 F.3d 1315, 1325-27 (10th Cir. 2004) (en banc).
This appeal is therefore dismissed.
ENTERED FOR THE COURT
Neil M. Gorsuch
Circuit Judge
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