United States of America v. Federico Rivera

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FEDERICO RIVERA,
Defendant - Appellant.
No. 21-1142
(D.C. No. 1:19-CR-00191-PAB-1)
(D. Colo.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before HARTZ, BACHARACH, and EID, Circuit Judges.
_________________________________
Federico Rivera pleaded guilty to one count of being a felon in possession of a
firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1); two counts of
attempted carjacking, in violation of 18 U.S.C. § 2119; and one count of brandishing
a firearm during and in relation to a crime of violence, in violation of 18 U.S.C.
§ 924(c)(1)(A)(ii). He was sentenced to 144 months’ imprisonment. Although his
plea agreement contained a waiver of his appellate rights, he filed a notice of appeal.
The government has moved to enforce the appeal waiver in the plea agreement
* This order and judgment is not binding precedent, except under the doctrines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
October 20, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-1142 Document: 010110593265 Date Filed: 10/20/2021 Page: 1

-- 1 of 2 --

2
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
voluntarily waived his appellate rights; and (3) whether enforcing the waiver would
result in a miscarriage of justice.” Id. at 1325.
In response to the government’s motion, Mr. Rivera, through counsel,
“acknowledges that his appeal waiver is enforceable under the standard set out in . . .
Hahn.” Resp. at 1. 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 Mr. Rivera’s right to pursue
post-conviction relief on the grounds permitted in his plea agreement.
Entered for the Court
Per Curiam
Appellate Case: 21-1142 Document: 010110593265 Date Filed: 10/20/2021 Page: 2

-- 2 of 2 --