|UNITED STATES OF AMERICA,
MARIA E. HERNANDEZ, also known as Nena,
Ms. Hernandez's attorney filed a response to the government's motion stating his belief that there was no legitimate basis for the appeal. This court gave Ms. Hernandez the opportunity to file a pro se opposition to the enforcement motion, but she failed to file any response within the specified time period, including several extensions of time. Under Hahn, we consider "(1) whether the disputed appeal falls within the scope of the waiver of appellate 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. Having reviewed the materials submitted by the parties, we conclude that the Hahn factors favor the government. Accordingly, we GRANT the government's motion to enforce the plea agreement and DISMISS the appeal.
ENTERED FOR THE COURT
*. 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.