Filed: Nov. 12, 2019
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 12, 2019 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-3149 (D.C. No. 6:17-CR-10101-EFM-1) ERIK N. DIXON, JR., (D. Kan.) Defendant - Appellant. _ ORDER AND JUDGMENT* _ Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges. _ Erik Dixon, Jr. pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking cri
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 12, 2019 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-3149 (D.C. No. 6:17-CR-10101-EFM-1) ERIK N. DIXON, JR., (D. Kan.) Defendant - Appellant. _ ORDER AND JUDGMENT* _ Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges. _ Erik Dixon, Jr. pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crim..
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 12, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 19-3149
(D.C. No. 6:17-CR-10101-EFM-1)
ERIK N. DIXON, JR., (D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges.
_________________________________
Erik Dixon, Jr. pleaded guilty to one count of possession of a firearm in
furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
The district court sentenced him in accordance with the sentence recommended by
the parties to 120 months’ imprisonment. Although Mr. Dixon’s plea agreement
included a waiver of his right to appeal, he filed this appeal. The government has
moved to enforce the appeal waiver under United States v. Hahn,
359 F.3d 1315
(10th Cir. 2004) (en banc) (per curiam). Through his counsel, Mr. Dixon concedes
that the appeal waiver is enforceable under the standards set forth in Hahn. Based on
*
This order and judgment is not binding precedent, except under the doctrines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.
this concession and our independent review of the record, we grant the government’s
motion and dismiss the appeal.
Entered for the Court
Per Curiam
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