United States v. Vanduker

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT
_________________________________
UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

STEPHANIE SUZANNE VANDUKER,

Defendant - Appellant.

No. 20-4021
(D.C. No. 4:19-CR-00079-DN-1)
(D. Utah)
_________________________________
ORDER AND JUDGMENT
*

_________________________________
Before BRISCOE, MORITZ, and CARSON, Circuit Judges.
_________________________________
Stephanie Suzanne Vanduker pleaded guilty to possession of
methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). She
was sentenced to serve 96 months in prison. Although her plea agreement contained
a waiver of her appellate rights, she 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This order and judgment is not binding precedent, except under the doctrines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

July 14, 2020

Christopher M. Wolpert
Clerk of Court
Appellate Case: 20-4021 Document: 010110375935 Date Filed: 07/14/2020 Page: 1

2

voluntarily waived [her] 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. Vanduker’s 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 response to the government’s motion, Ms. Vanduker concedes her appeal
waiver is enforceable under the standard set forth in Hahn. 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. Vanduker’s right to pursue post-conviction relief on the grounds permitted in her
plea agreement.
Entered for the Court
Per Curiam
Appellate Case: 20-4021 Document: 010110375935 Date Filed: 07/14/2020 Page: 2