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United States v. Leyva-Matos

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Before KELLY, BALDOCK, and HARTZ, Circuit Judges.

Defendant Wilmer Leyva-Matos pleaded guilty to possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and conspiring to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846. In his plea agreement, Defendant waived his right to appeal. The district court rejected certain stipulations in Defendant’s plea agreement and sentenced him to twenty-six months imprisonment, followed by two years of supervised release. Defendant appeals, alleging the district court improperly considered certain information he provided the Government with the understanding that it would not be used against him. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). See United States v. Hahn, 359 F.3d 1315, 1322, 1324 (10th Cir. 2004) (en banc) (holding that we have jurisdiction under 28 U.S.C. § 1291 over sentencing appeals “even when the defendant has waived his right to appeal in an enforceable plea agreement”). Because we conclude Defendant’s appellate waiver is valid and enforceable, we dismiss this appeal without addressing the merits.

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