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    United States v. Olivarria-Lora, 10th Cir. (2007)

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit in the case of the United States of America v. Jaime Enrique Olivarria-Lora. It summarizes that the defendant pleaded guilty to possession with intent to distribute methamphetamine and waived his right to appeal as part of a plea agreement. The district court sentenced the defendant to 168 months in prison, which was within the sentencing guidelines and below the maximum penalty. The Court of Appeals upholds the waiver of appeal, finding the defendant's waiver was knowing and voluntary and enforcing it would not result in a miscarriage of justice.

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    United States v. Olivarria-Lora, 10th Cir. (2007)

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit in the case of the United States of America v. Jaime Enrique Olivarria-Lora. It summarizes that the defendant pleaded guilty to possession with intent to distribute methamphetamine and waived his right to appeal as part of a plea agreement. The district court sentenced the defendant to 168 months in prison, which was within the sentencing guidelines and below the maximum penalty. The Court of Appeals upholds the waiver of appeal, finding the defendant's waiver was knowing and voluntary and enforcing it would not result in a miscarriage of justice.

    Original Description:

    Filed: 2007-09-26 Precedential Status: Non-Precedential Docket: 06-4220

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit in the case of the United States of America v. Jaime Enrique Olivarria-Lora. It summarizes that the defendant pleaded guilty to possession with intent to distribute methamphetamine and waived his right to appeal as part of a plea agreement. The district court sentenced the defendant to 168 months in prison, which was within the sentencing guidelines and below the maximum penalty. The Court of Appeals upholds the waiver of appeal, finding the defendant's waiver was knowing and voluntary and enforcing it would not result in a miscarriage of justice.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    49 views3 pages

    United States v. Olivarria-Lora, 10th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit in the case of the United States of America v. Jaime Enrique Olivarria-Lora. It summarizes that the defendant pleaded guilty to possession with intent to distribute methamphetamine and waived his right to appeal as part of a plea agreement. The district court sentenced the defendant to 168 months in prison, which was within the sentencing guidelines and below the maximum penalty. The Court of Appeals upholds the waiver of appeal, finding the defendant's waiver was knowing and voluntary and enforcing it would not result in a miscarriage of justice.

    Copyright:

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    of 3

    FILED

    United States Court of Appeals


    Tenth Circuit
    UNITED STATES CO URT O F APPEALS

    September 26, 2007


    FO R TH E TENTH CIRCUIT
    Elisabeth A. Shumaker
    Clerk of Court
    U N ITED STA TES O F A M ER ICA,
    Plaintiff-Appellee,
    v.

    No. 06-4220
    (D.C. No. 2:06-CR-19-PGC)
    (D. Utah)

    JA IM E EN RIQ U E
    O LIV A RR IA -LO RA ,
    Defendant-Appellant.

    OR D ER AND JUDGM ENT *

    Before M U RPH Y, T YM KOV ICH, and GORSUCH, Circuit Judges.

    Defendant Jaime Enrique Olivarria-Lora pleaded guilty to one count of


    possessing with intent to distribute 500 grams or more of methamphetamine in
    violation of 21 U.S.C. 841(a)(1). Pursuant to the plea agreement, defendant
    knowingly, voluntarily and expressly waive[d his] right to appeal any sentence

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of
    this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
    therefore ordered submitted without oral argument. 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.

    imposed upon [him], and the manner in which the sentence is determined,
    on . . . any ground whatever, except [he did] not waive [his] right to appeal a
    sentence above the maximum penalty provided in the statute of conviction. . . .
    Plea Agreement dated June 14, 2006, at 3. The district court imposed a
    168-month sentence on defendant, which is within the guideline range and
    below the maximum sentence of life under defendants statute of conviction.
    Defendant filed a notice of appeal challenging his sentence. His attorney
    filed a brief pursuant to Anders v. California, 386 U.S. 738, 744 (1967), stating
    his belief that there are no meritorious grounds upon which defendant can appeal
    his conviction or sentence because he entered into a valid waiver of his right to
    appeal, and the district court sentenced defendant within the guideline range
    established by defendants criminal history and offense level. The government
    did not submit a brief. This court gave defendant an opportunity to file additional
    arguments to this court, see id., but to date, he has not responded.
    In accordance with Anders, we have conducted an independent review of
    the record to determine if any appeal would be frivolous. See id. This court will
    enforce a criminal defendants waiver of his right to appeal so long as the
    following three conditions are met: (1) the disputed appeal falls within the
    scope of the waiver of appellate rights, (2) the defendants w aiver of his
    appellate rights w as knowing and voluntary, and (3) enforcing the waiver [will
    not] result in a miscarriage of justice. United States v. Hahn, 359 F.3d 1315,
    -2-

    1325 (10th Cir. 2004) (en banc) (per curiam). W e conclude from our review of
    defendants brief, the plea agreement, and the transcripts of the plea and
    sentencing hearings, that, under Hahn, defendant has waived his right to appeal.
    Accordingly, we DISM ISS the appeal. The mandate shall issue forthwith.

    ENTERED FOR THE COURT


    PER CURIAM

    -3-

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