Full Opinion

Appellate Case: 26-1310 Document: 20-1 Date Filed: 11/06/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 6, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 26-1310 (D.C. No. 1:24-CR-00276-CNS-5) ISAIAS CABELLO, (D. Colo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before BACHARACH, McHUGH, and EID, Circuit Judges. _________________________________ Isaias Cabello pleaded guilty to possession with intent to distribute 500 grams and more of cocaine. The district court sentenced him to 20 months in prison, which was below the advisory sentencing guidelines range of 30 to 37 months. He filed a notice of appeal. Cabello’s plea agreement contains an appeal waiver, which the government moves to enforce under United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004). In determining whether to enforce an appeal waiver under Hahn, we consider: “(1) whether the disputed appeal falls within the scope of the waiver of appellate * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 26-1310 Document: 20-1 Date Filed: 11/06/2026 Page: 2 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. The government argues that all the Hahn conditions are established here. Cabello responds through counsel that he “does not oppose the government’s motion to enforce the appeal waiver pursuant to his plea agreement.” Resp. at 1. We therefore grant the motion and dismiss this appeal. Entered for the Court Per Curiam 2