Opinion
23-3148
10-19-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHAWN KYLE MORRIS, Defendant-Appellant.
D.C. No. 5:21-CR-40095-TC-1, (D. Kan.)
Before MATHESON, EBEL, and MORITZ, Circuit Judges.
ORDER AND JUDGMENT [*]
Per Curiam
Shawn Kyle Morris pleaded guilty to possession of a firearm by a prohibited person, and the district court sentenced him to serve 25 months in prison. He filed this appeal despite the appeal waiver in his plea agreement. The government now moves to enforce the appeal waiver. See United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). In response, Mr. Morris concedes that, on the present record, he cannot overcome the government's motion.
Based on Mr. Morris's concession and our independent review of the record, we grant the government's motion to enforce the appeal waiver and dismiss this appeal. This dismissal is "without prejudice to Mr. Morris's reserved 28 U.S.C. § 2255 rights." Resp. at 1.
[*] This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.