United States of America v. David Young

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID YOUNG,
Defendant - Appellant.
No. 20-1443
(D.C. No. 1:19-CR-00496-CMA-1)
(D. Colo.)
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ORDER AND JUDGMENT*
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Before HOLMES, MATHESON, and MORITZ, Circuit Judges.
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David Young pled guilty to possession of a firearm and ammunition by a
previously convicted felon, in violation of 18 U.S.C. § 922(g)(1). He was sentenced
to 30 months in prison, which was below the advisory sentencing guidelines range of
46 to 57 months. After Mr. Young filed this appeal, the government moved to
enforce the appellate waiver in his plea agreement. His response “acknowledges that
his appeal waiver is enforceable on the current record under the standard set out in
United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc) . . . .” Resp. at 1. 1
* This order and judgment is not binding precedent, except under the doctrines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.
1 This response was filed by Mr. Young’s counsel, who represented to us that
Mr. Young disagreed with counsel’s assessment of the waiver’s enforceability and
FILED
United States Court of Appeals
Tenth Circuit
April 20, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 20-1443 Document: 010110510172 Date Filed: 04/20/2021 Page: 1

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Accordingly, we grant the government’s motion to enforce the appeal waiver
and dismiss this appeal.
Entered for the Court
Per Curiam
requested an opportunity to personally respond. In our discretion, in the interest of
fairness and in an abundance of caution, we solicited a response from
Mr. Young. The deadline for his response has expired, and we have not received a
response from Mr. Young.
Appellate Case: 20-1443 Document: 010110510172 Date Filed: 04/20/2021 Page: 2

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