Opinion
21-5058
01-14-2022
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TEOSHA ETUK, a/k/a Teosha Waters, Defendant-Appellant.
(D.C. No. 4:20-CR-00100-CVE-3) (N.D. Okla.)
ORDER
Per Curiam
Teosha Etuk pleaded guilty to bank fraud and was sentenced to 12 months and one day in prison. She then filed this appeal.
The government moved to enforce the appeal waiver in Ms. Etuk's plea agreement under United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam), and 10th Cir. R. 27.3(A)(1)(d).
In response to the government's motion, Ms. Etuk, through counsel, moved to voluntarily dismiss her appeal pursuant to Fed. R. App. P. 42(b) and 10th Cir. R. 46.3(C). Tenth Circuit Rule 46.3(C) requires that a voluntary motion to dismiss a criminal appeal contain "a statement, signed by the appellant, demonstrating knowledge of the right to appeal and expressly electing to withdraw the appeal." Ms. Etuk's motion to dismiss her appeal satisfies those requirements. Accordingly, we grant her motion to dismiss and deny the government's motion to enforce as moot. A copy of this order shall stand as and for the mandate of the court.