UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT

________________ _________________ UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. ROSENDO FLORES ANGULO, Defendant - Appellant. No. 18-2088 (D.C. No. 1:15-CR-03766-MV-1) (D. N.M.)

________________ _________________ ORDER AND JUDGMENT *

________________ _________________ Before TYMKOVICH , Chief Judge, McHUGH and MORITZ , Circuit Judges.

________________ _________________ This matter is before the cour t on the government’s motion to e nforce the appeal waiver contained in defe ndant Rosendo Flor es Angulo’s pl ea agreement. We grant the defendant’s counsel’s m otion to withdraw, grant the g overnment’s motion to enforce the defendant’s appeal waiver, and dismiss the appea l. The defendant pleaded guilty pur suant to a plea agreement under Fed. R. Crim. P. 11(c)(1)(C) to one count of co nspiracy to distribute heroin, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C) . The statutory maximum penal ty for this offense is 20 years’ (240 months’) imprisonment. See id. § 841(b)(1)(C). In the plea

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata , and collateral estoppel.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 1 0th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### September 12, 2018
Elisabeth A. Shumaker Clerk of Court2 agreement, the parties agreed tha t a sentence within the range of 168 to 210 months’ imprisonment was appropriate in this case. The district court imposed a 210-month sentence. The plea agreement in cluded the following waiver of Flores’s appellate rights: The Defendant is aware that 28 U. S.C. § 1291 and 18 U.S.C. § 37 42 afford a defendant the right to appeal a conviction and the sen tence imposed. Acknowledging that, the Defendant knowingly waives th e right to appeal the Defendant’s convic tion(s) and any sentence, inclu ding any fine, at or under the maximum statutory penalty authorized by l aw. Mot. to Enforce, Ex. 1 at 9. The government filed a motion to enforce the plea agreement und er United
States v. Hahn , 359 F.3d 1315 (10th Ci r. 2004) (en banc) (per curiam). In ev aluating a motion to enforce an appeal wai ver, we consider: “(1) whethe r the disputed appeal falls within the scope of the wa iver of appellate rights; (2) w hether the defendant knowingly and voluntarily waived his appellate rights; and (3) whether enforcing the waiver would result in a mis carriage of justice.” Id. at 1325. The defendant’s counse l responded to the government’s motion. Citing Anders v. California , 386 U.S. 738, 744 (1967), counsel states that the defendant h as no non-frivolous argument against enforcement of his appeal wai ver. Counsel also requests permission to withdraw from representing the defendant pursuant to Anders , 386 U.S. at 744. We gave the def endant an opportunity to file a pro se response to the motion to enforce. See id. To date, he has not filed any response. Under Anders , we have reviewed the motion a nd the record and we conclude that the defendant’s appeal wai ver is enforceable. Accordingly , we grant his3 counsel’s motion to withdraw, gra nt the government’s motion to enforce the appeal waiver, and dismiss the appeal.

Entered for the Court Per Curiam