United States of America v. Lawrence Paul Herring

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LAWRENCE PAUL HERRING,
Defendant - Appellant.
No. 21-4016
(D.C. No. 2:15-CR-00743-TS-1)
(D. Utah)
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ORDER AND JUDGMENT*
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Before BACHARACH, McHUGH, and EID, Circuit Judges.
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Lawrence Paul Herring pleaded guilty to possessing child pornography. The
district court imposed a prison term below the advisory Sentencing Guidelines range.
Although Mr. Herring’s plea agreement included a broad waiver of his appellate
rights, he has filed a notice of appeal. The government moves to enforce the appeal
waiver and dismiss this appeal under United States v. Hahn, 359 F.3d 1315
(10th Cir. 2004) (en banc) (per curiam).
We will enforce an appeal waiver if (1) “the disputed appeal falls within”
the waiver’s scope; (2) “the defendant knowingly and voluntarily waived his
* This order and judgment is not binding precedent, except under the doctrines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
April 1, 2021
Christopher M. Wolpert
Clerk of Court
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appellate rights”; and (3) enforcing the waiver would not “result in a miscarriage of
justice.” Id. at 1325. The government argues that all three of these circumstances
exist in this case.
Mr. Herring’s counsel has responded, stating that she “is unaware of any basis
to oppose” the government’s motion. Aplt. Resp. at 1. We need not address a Hahn
prong that a defendant does not dispute. See United States v. Porter, 405 F.3d 1136,
1143 (2005). Because Mr. Herring does not dispute any of the Hahn prongs, we
enforce his appeal waiver and dismiss this appeal.
Entered for the Court
Per Curiam
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