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Date: 11-20-2021
Case Style:
United States of America v. Miranda Adams
Case Number: 19-2146
Judge: Before LUCERO, MATHESON, and EID, Circuit Judges.
Court: UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
On appeal from The United States District Court for the District of New Mexico - Albuquerque
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description:
Denver, CO - Criminal defense lawyer represented defendant with 20 counts of bank fraud.
Pursuant to a plea agreement, Miranda Adams pleaded guilty to 20 counts of
bank fraud, in violation of 18 U.S.C. § 1344. She was sentenced to 57 months’
imprisonment. Although the plea agreement contained a waiver of her appellate
rights, Ms. Adams filed a notice of appeal. The government has moved to enforce
the appeal waiver in the plea agreement pursuant to United States v. Hahn, 359 F.3d
1315 (10th Cir. 2004) (en banc) (per curiam).
Under Hahn, we consider “(1) whether the disputed appeal falls within the
scope of the waiver of appellate rights; (2) whether the defendant knowingly and
* This order and judgment is not binding precedent, except under the doctrines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.
FILED
United States Court of Appeals
Tenth Circuit
January 8, 2020
Christopher M. Wolpert
Clerk of Court
Appellate Case: 19-2146 Document: 010110285313 Date Filed: 01/08/2020 Page: 1
2
voluntarily waived his appellate rights; and (3) whether enforcing the waiver would
result in a miscarriage of justice.” Id. at 1325. The government asserts that all of the
Hahn conditions have been satisfied because: (1) Ms. Adams’ appeal is within the
scope of the appeal waiver; (2) she knowingly and voluntarily waived her appellate
rights; and (3) enforcing the waiver would not result in a miscarriage of justice. In
her response to the motion to enforce, Ms. Adams concedes, through counsel, “that
her appeal waiver is enforceable under the standard set out in [Hahn].” Resp. at 1.
Outcome: Based on this concession and our independent review of the record, we grant
the government’s motion to enforce the appeal waiver and dismiss the appeal. This
dismissal does not affect Ms. Adams’ right to pursue post-conviction relief on the
grounds permitted in her plea agreement.
Plaintiff's Experts:
Defendant's Experts:
Comments: