FILED
United States Court of Appeals
Tenth Circuit

August 9, 2006

Elisabeth A. Shumaker
Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

		Plaintiff‑Appellee,

v.

AGUSTIN TOVAR‑CHAVEZ,

		Defendant‑Appellant.	

No. 06-2064
(D.C. No. CR-05-1479 MCA)
(D. N.M.)	

ORDER AND JUDGMENT*

Before LUCERO, HARTZ, and TYMKOVICH, Circuit Judges.

	Defendant Agustin Tovar-Chavez pled guilty to one count of illegal reentry to the United States after deportation subsequent to a felony conviction, in violation of 8 U.S.C. §§ 1326(a)(1), (a)(2) and 8 U.S.C. § 1326(b)(2).  Pursuant to the plea agreement, Mr. Tovar-Chavez waived his “right to appeal any sentence within the [applicable] statutory range.”  Mot. to Enforce, Ex. A, at 5.  Appearing pro se, Mr. Tovar-Chavez filed a notice of appeal from his conviction and sentence.  The government has filed a motion to enforce its plea agreement with Mr. Tovar-Chavez.  Mr. Tovar-Chavez’s attorney filed a response to the government’s motion stating his belief that there is no legitimate basis for an appeal.  We grant the government’s motion and, accordingly, dismiss the appeal.  	This court will enforce a criminal defendant’s waiver of his right to appeal so long as the following three elements are satisfied:  (1) “the disputed appeal falls within the scope of the waiver of appellate rights,” (2) the defendant’s waiver of his appellate rights was knowing and voluntary, and (3) enforcing the waiver will not result in a miscarriage of justice.  United States v. Hahn, 359 F.3d 1315, 1325 (10th Cir. 2004) (en banc) (per curiam).  We have reviewed the plea agreement and the response from Mr. Tovar-Chavez’s counsel, and we conclude that the Hahn factors have been satisfied.
	Accordingly, we GRANT the government’s motion to enforce the plea agreement and DISMISS the appeal.  The mandate shall issue forthwith.

			ENTERED FOR THE COURT
			PER CURIAM