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    United States v. Bragg, 10th Cir. (2014)

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    The United States Court of Appeals for the Tenth Circuit granted the government's motion to enforce Chester Bragg's waiver of his right to appeal his conviction and 41-month sentence for failing to register as a sex offender. Bragg had entered into a plea agreement that included an appeal waiver. The court determined that Bragg's appeal fell within the scope of the waiver, that he knowingly and voluntarily waived his appellate rights, and that enforcing the waiver would not result in a miscarriage of justice. Bragg, through counsel, did not dispute any of these factors and conceded that the court should enforce the appeal waiver.

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    United States v. Bragg, 10th Cir. (2014)

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    The United States Court of Appeals for the Tenth Circuit granted the government's motion to enforce Chester Bragg's waiver of his right to appeal his conviction and 41-month sentence for failing to register as a sex offender. Bragg had entered into a plea agreement that included an appeal waiver. The court determined that Bragg's appeal fell within the scope of the waiver, that he knowingly and voluntarily waived his appellate rights, and that enforcing the waiver would not result in a miscarriage of justice. Bragg, through counsel, did not dispute any of these factors and conceded that the court should enforce the appeal waiver.

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    Filed: 2014-12-05 Precedential Status: Non-Precedential Docket: 14-3226

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    The United States Court of Appeals for the Tenth Circuit granted the government's motion to enforce Chester Bragg's waiver of his right to appeal his conviction and 41-month sentence for failing to register as a sex offender. Bragg had entered into a plea agreement that included an appeal waiver. The court determined that Bragg's appeal fell within the scope of the waiver, that he knowingly and voluntarily waived his appellate rights, and that enforcing the waiver would not result in a miscarriage of justice. Bragg, through counsel, did not dispute any of these factors and conceded that the court should enforce the appeal waiver.

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    4 views2 pages

    United States v. Bragg, 10th Cir. (2014)

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    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit granted the government's motion to enforce Chester Bragg's waiver of his right to appeal his conviction and 41-month sentence for failing to register as a sex offender. Bragg had entered into a plea agreement that included an appeal waiver. The court determined that Bragg's appeal fell within the scope of the waiver, that he knowingly and voluntarily waived his appellate rights, and that enforcing the waiver would not result in a miscarriage of justice. Bragg, through counsel, did not dispute any of these factors and conceded that the court should enforce the appeal waiver.

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    FILED

    United States Court of Appeals


    Tenth Circuit
    UNITED STATES COURT OF APPEALS

    FOR THE TENTH CIRCUIT

    December 5, 2014
    Elisabeth A. Shumaker
    Clerk of Court

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.

    No. 14-3226
    (D.C. No. 2:14-CR-20034-MLB-1)
    (D. Kan.)

    CHESTER BRAGG,
    Defendant - Appellant.

    ORDER AND JUDGMENT*

    Before KELLY, HOLMES, and MATHESON, Circuit Judges.


    After entering into a plea agreement that included a waiver of his right to
    appeal, Chester Bragg pleaded guilty to one count of failing to register as a sex
    offender in violation of 18 U.S.C. 2250. He was sentenced to 41 months of
    imprisonment, within the applicable Sentencing Guidelines range. Mr. Bragg
    appealed, and the government has moved to enforce the appeal waiver under United
    States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam).

    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.

    Hahn sets forth three factors to evaluate an appeal waiver: (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. In
    response to the governments motion, Mr. Bragg, through counsel, declines to dispute
    any of these factors and concedes that this court should enforce the appeal waiver.
    In light of Mr. Braggs concession and our independent review of the record,
    which confirms that all of the Hahn factors are satisfied, the motion to enforce is
    granted and this matter is dismissed.

    Entered for the Court


    Per Curiam

    -2-

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