United States v. Soberanis, 698 F. App'x 559

Adan Soberanis pleaded guilty to possession of child pornography (18 U.S.C. § 2252A(a)(5)(B)) pursuant to a plea agreement that included a broad waiver of appellate and collateral-attack rights.
The plea agreement stipulated a sentence of 100 months imprisonment, which both parties and the district court accepted.
Despite the waiver, Soberanis filed an appeal; counsel filed an Anders brief and moved to withdraw, asserting the appeal is frivolous.
The clerk notified Soberanis and afforded him the opportunity to respond; he did not file a pro se brief.
The government did not file a response brief. The Tenth Circuit conducted an independent review of the record.
The panel evaluated the appeal waiver under the three-factor test from United States v. Hahn and found all factors supported enforcing the waiver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity/scope of appellate waiver	Appeal should proceed despite waiver	Waiver bars appeal of stipulated 100-month sentence	Waiver covers the appeal; appeal falls within its scope
Knowing and voluntary waiver	Waiver may not have been knowing/voluntary	Waiver was knowingly and voluntarily entered, confirmed at plea hearing	Waiver was knowing and voluntary
Miscarriage of justice exception	Enforcing waiver would cause miscarriage of justice	No miscarriage of justice shown	No miscarriage of justice; enforcement appropriate
Counsel's motion to withdraw under Anders	Counsel’s withdrawal should be denied if appeal has merit	Counsel properly moved to withdraw after finding appeal frivolous	Anders motion granted; counsel allowed to withdraw and appeal dismissed

Anders v. California, 386 U.S. 738 (U.S. 1967) (permitting counsel to move to withdraw when appeal is frivolous and requiring notice to defendant)
United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (sets three-factor test for evaluating validity and enforcement of appellate waivers)