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    United States v. Lamas, 10th Cir. (2014)

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    Rogelio Amada Lamas pleaded guilty to conspiracy to distribute or possess with intent to distribute more than 50 grams of methamphetamine. As part of his plea agreement, Lamas waived his right to appeal. Notwithstanding the appeal waiver, Lamas filed a notice of appeal. The government moved to enforce the appeal waiver. Lamas' lawyer responded that after consulting with Lamas and reviewing applicable law, Lamas withdraws his objection to enforcing the appeal waiver, believing it does not affect his ability to file a motion asserting ineffective assistance of counsel regarding his guilty plea or appeal waiver. The court granted the motion to enforce the appeal waiver and dismissed the matter.

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    United States v. Lamas, 10th Cir. (2014)

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    Rogelio Amada Lamas pleaded guilty to conspiracy to distribute or possess with intent to distribute more than 50 grams of methamphetamine. As part of his plea agreement, Lamas waived his right to appeal. Notwithstanding the appeal waiver, Lamas filed a notice of appeal. The government moved to enforce the appeal waiver. Lamas' lawyer responded that after consulting with Lamas and reviewing applicable law, Lamas withdraws his objection to enforcing the appeal waiver, believing it does not affect his ability to file a motion asserting ineffective assistance of counsel regarding his guilty plea or appeal waiver. The court granted the motion to enforce the appeal waiver and dismissed the matter.

    Original Description:

    Filed: 2014-12-05 Precedential Status: Non-Precedential Docket: 14-3218

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    Rogelio Amada Lamas pleaded guilty to conspiracy to distribute or possess with intent to distribute more than 50 grams of methamphetamine. As part of his plea agreement, Lamas waived his right to appeal. Notwithstanding the appeal waiver, Lamas filed a notice of appeal. The government moved to enforce the appeal waiver. Lamas' lawyer responded that after consulting with Lamas and reviewing applicable law, Lamas withdraws his objection to enforcing the appeal waiver, believing it does not affect his ability to file a motion asserting ineffective assistance of counsel regarding his guilty plea or appeal waiver. The court granted the motion to enforce the appeal waiver and dismissed the matter.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    17 views2 pages

    United States v. Lamas, 10th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    Rogelio Amada Lamas pleaded guilty to conspiracy to distribute or possess with intent to distribute more than 50 grams of methamphetamine. As part of his plea agreement, Lamas waived his right to appeal. Notwithstanding the appeal waiver, Lamas filed a notice of appeal. The government moved to enforce the appeal waiver. Lamas' lawyer responded that after consulting with Lamas and reviewing applicable law, Lamas withdraws his objection to enforcing the appeal waiver, believing it does not affect his ability to file a motion asserting ineffective assistance of counsel regarding his guilty plea or appeal waiver. The court granted the motion to enforce the appeal waiver and dismissed the matter.

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    FILED

    United States Court of Appeals


    Tenth Circuit
    UNITED STATES COURT OF APPEALS

    FOR THE TENTH CIRCUIT

    December 5, 2014
    Elisabeth A. Shumaker
    Clerk of Court

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ROGELIO AMADA LAMAS,

    No. 14-3218
    (D.C. No. 2:12-CR-20119-CM-2)
    (D. Kan.)

    Defendant - Appellant.
    ORDER AND JUDGMENT*

    Before TYMKOVICH, OBRIEN, and BACHARACH, Circuit Judges.


    After accepting a plea agreement that included a waiver of his right to appeal,
    Rogelio Amada Lamas pleaded guilty to one count of conspiracy to distribute or
    possess with intent to distribute more than 50 grams of methamphetamine.
    Notwithstanding the appeal waiver, Mr. Lamas has filed a notice of appeal. The
    government has moved to enforce the waiver. See United States v. Hahn, 359 F.3d
    1315, 1328 (10th Cir. 2004) (en banc) (per curiam).

    This panel has determined 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.

    Mr. Lamass lawyer has filed a response to the governments motion to


    enforce in which he states that after consultation with Mr. Lamas and following his
    review of the applicable statutory and case law, and in the belief that the dismissal
    of [the] appeal does not affect [Mr. Lamass] ability to file a motion under 28 U.S.C.
    2255 asserting a claim of ineffective assistance of counsel in connection with his
    guilty plea or [appeal] waiver, Mr. Lamas withdraws his objection to the
    governments Motion for Enforcement of Appeal Waiver. Resp. at 1.
    The motion to enforce is granted and this matter is dismissed.

    Entered for the Court


    Per Curiam

    -2-

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